NAVAL  WAR  COLLEGE 


INTERNATIONAL  LAW 
TOPICS 


NEUTRALITY  PROCLAMATIONS 
AND  REGULATIONS 

WITH  NOTES 

1916 


C$3 


WASHINGTON 
1917 


J/RL 


PREFACE. 

The  discussions  upon  international  law  during  the 
year  1916  were  conducted  by  George  Grafton  Wilson, 
LL.  D.,  professor  of  international  law  hi  Harvard  Uni- 
versity. Matters  relating  to  the  war  which  has  been 
going  on  since  July,  1914,  were  under  consideration. 
Final  opinions  can  not  be  offered  at  the  present  time, 
and  for  this  reason  the  War  College  contents  itself  in 
the  main  with  statements  of  facts  concerning  which 
there  is  no  dispute,  and  with  copies  of  official  documents. 
It  is  hoped  that  the  present  volume  will  be  of  consid- 
erable value  in  the  future,  as  a  work  of  reference,  not 
only  for  officers  of  the  Navy,  but  for  others  who  may 
be  engaged  in  the  study  of  international  law  as  affected 
by  the  history  of  the  unprecedented  crisis  through  which 
the  world  is  now  passing. 

The  documents  particularly  referred  to  in  the  discus- 
sions are  printed  with  brief  notes.  Some  of  these  docu- 
ments are  accessible  in  the  publications  of  the  Govern- 
ment of  the  United  States.  Others  are  not  easily  acces- 
sible. 

Many  of  the  documents  in  this  volume  are  translated 
from  foreign  languages.  In  such  cases  the  language  of 
issue  of  the  documents  is  in  most  cases  the  only  official 
text.  Modifications  in  regulations  will  doubtless  be 
made  from  time  to  time  as  conditions  change,  but  those 
printed  in  this  volume  will  serve  as  convenient  bases  for 
comparison  and  subsequent  discussion.  For  convenience 
of  reference  the  neutrality  proclamations  of  the  United 
States,  printed  in  the  volume  of  1915,  are  reprinted  in 
this  volume,  and  the  index  is  made  unusually  complete. 

As  in  previous  years  the  Naval  War  College  desires  to- 
receive  such  questions  as  officers  deem  worthy  of  con- 
sideration, and  for  such  questions  the  documents  here- 
with published  may  furnish  many  suggestions. 

AUSTIN  M.  KNIGHT, 
Rear  Admiral,  United  States  Navy, 

President  Naval  War  College- 
DECEMBER  15,  1916. 

3 


TABLE  OF  CONTENTS. 


Argentine  Republic:  Page. 

Declaration,  August  5,  1914,  neutrality 9 

Brazil: 

Decree,  August  4, 1914,  neutrality  regulations 10 

Decree,  September  9, 1914,  base  of  operations 14 

Circular,  February  22,  1915,  nationality  of  corporations 14 

Chile: 

Instructions,  August  7,  1914,  application  of  Hague  conven- 
tions   15 

Instructions,  August  8, 1914,  application  of  international  law  15 
Instructions,  August  14,  1914,  maritime  neutrality  regula- 
tions   15 

Instructions,  October  14, 1914,  coaling  war  vessels 17 

Instructions,  October  14, 1914,  radiotelegraphy 18 

Instructions,  October  15,  1914,  radiotelegraphy IB 

Instructions,  November  2,  1914,  coaling  merchant  vessels. .  19 

Decree,  November  5, 1914,  territorial  waters 19 

Circular,  November  7,  1914,  base  of  operations 20 

Circular,  November  13,  1914,  telegraphic  communication. . .  20 

Note,  November  16, 1914,  violations  of  neutrality 21 

Decree,  December  15,  1914,  territorial  waters 21 

Decree,  December  15,  1914,  coaling  war  and  merchant  ves- 
sels   22 

Instructions,  December  17, 1914,  coaling  war  vessels 24 

Decree,  December  30, 1914,  radio  and  ordinary  telegraphy. .  24 

Instructions,  January  4, 1915,  coaling  war  vessels ; . .  25 

Instructions,  January  12, 1915,  violations  of  neutrality 25 

Instructions,  January  23,  1915,  coaling  war  vessels 26 

Decree,  January  25,  1915,  telegraphic  communication 26 

Instructions,  March  13,  1915,  coaling  merchant  vessels 27 

Circular,  March  15,  1915,  conversion  of  war  vessels 28 

Decree,  March  30, 1915,  relations  with  foreign  Governments.  29 

Circular,  April,  1915,  radiotelegraphy 29 

Decree,  May  17,  1915,  coaling  merchant  vessels — : 30 

Note,  July  7,  1915,  armed  merchant  vessels 30 

China: 

Presidential  mandate,  August  6, 1914,  neutrality  regulations.  31 

Colombia: 

Resolution,  August  13,  1914,  supplying  war  and  merchant 

vessels 35 

Resolution,  August  22,  1914,  radiotelegraphy 36 

Resolution,  September  1 ,  1914,  radiotelegraphy 37 

Resolution,  September  11,  1914,  radiotelegraphy 38 

5 


6  Table  of  Contents. 

Colombia  —  Continued.  Page. 

•Circular,  November  27,  1914,  neutrality  of  the  press  .......  39 

Resolution,  December  5,  1914,  radiotelegraphy  .............  42 

Resolution,  July  14,  1915,  radiotelegraphy  ................  44 


Proclamation,  August  5,  1914,  neutrality  ...................  46 

Decree,  August  10,  1914,  neutrality  regulations  ............  47 

Circular,  September  24,  1914,  radiotelegraphy  ..............  49 

Decree,  March  3,  1916,  armed  merchant  vessels  ............  49 

Denmark: 

Royal  order,  December  20,  1912,  neutrality  regulations  ____  49 

Royal  order,  August  6,  1914,  maritime  neutrality  regulations.  52 

Ecuador: 

Decree,  August  14,  1914,  neutrality  proclamation  ..........  56 

Decree,  November  28,  1914,  base  of  operations  ............  .=  56 

•Guatemala: 

Decree,  August  12,  1914,  declaration  of  neutrality  .........  57 

Decree,  September  1,  1914,  radiotelegraphy  ...............  58 

Hayti: 

•  Declaration,  August  7,  1914,  neutrality  ....................  58 

Honduras: 

Decree,  October  5,  1914,  neutrality  declaration  .............  59 

Note,  December  3,  1914,  neutrality  .......................  60 

Italy: 

Declaration,  August  3,  1914,  neutrality  ...................  60 

Netherlands: 

Note,  August  3,  1914,  war  buoying  ......................  ..  61 

Declaration,  August  5,  1914,  neutrality  regulations  .........     •    61 

Nicaragua: 

Circular,  December  5,  1914,  neutrality  regulations  .........  64 

Persia: 

Proclamation,  November  1,  1914,  neutrality  ................  65 

Salvador: 

Note,  December  4,  1914,  application  of  law  of  neutrality  —  66 

Siam: 

Declaration,  August  6,  1914,  neutrality  ..................  67 

Spain: 

Declaration,  August  7,  1914,  neutrality  ....................  68 

Decree,  November  23,  1914,  application  of  Hague  conven- 

tions .................................................  68 

Switzerland: 

Ordinance,  August  2,  1914,  radiotelegraphy  .................  68 

Federal  Order,  August  3,  1914,  neutrality  .................  69 

Declaration,  August  4,  1914,  neutrality  ....................  70 

Note,  August  5,  1914,  German  reply  to  neutrality  declaration.  71 

'Ordinance,  August  4,  1914,  neutrality  regulations  .........  71 

Proclamation,  August  5,  1914,  appeal  to  the  people  .........  74 

Ordinance,  August  6,  1914,  penal  dispositions  .............  75 

Notification,  August  8,  1914,  aerial  domain  ................  77 


Table  of  Contents.  7 

Switzerland — Continued.  Page. 

Note,  September,  1914,  neutralized  territory  of  Savoy 77 

Notification,  October,  1914,  neutralized  territory  of  Savoy..  78 

Circular,  October,  1914,  belligerent  persons 78 

Proclamation,  October  1, 1914,  appeal  to  the  people 79 

Ordinance,  June  30,  1916,  foreign  deserters 80 

United  States: 

Proclamation,  August  4,  1914,  neutrality  regulations 82 

Executive  order,  August  5,  1914,  radiotelegraphy 87 

Circular,  August  14,  1914,  military  service 88 

Proclamation,  August  18,  1914,  appeal  to  the  people 89 

Executive  order,  September  5,  1914,  radiotelegraphy 90 

Memorandum,  September  19,  1914,  base  of  operations 91 

'    Memorandum,  September  19, 1914,  armed  merchant  vessels.  93 
Protocol,  October  19,  1914,  neutrality  of  Panama  Canal 

Zone 94 

Circular,  October  15,  1914,  contraband 95 

Proclamation,  November  13,  1914,  neutrality  of  Panama 

Canal  Zone 96 

Joint  resolution,  March  4, 1915,  base  of  operations 100 

Memorandum,  March  25,  1916,  armed  merchant  vessels 101 

Uruguay: 

Decree,  August  4,  1914,  neutrality  declaration 106 

Decree,  August  7,  1914,  maritime  neutrality  regulations 106 

Decree,  August  18, 1914,  transfer  of  flag 109 

Decree,  September  1,  1914,  radiotelegraphy 110 

Decree,  September  8,  1914,  armed  merchant  vessels Ill 

Decree,  September  29,  1914,  radiotelegraphy 112 

Decree,  October  20,  1914,  radiotelegraphy 112 

Decree,  October  20, 1914,  contraband 114 

Decree,  December  14,  1914,  base  of  operations 115 

Decree,  December  15,  1914,  coaling  war  vessels 118 

Decree,  December  15,  1914,  sojourn  of  war  vessels 118 

Venezuela: 

Declaration,  August  8,  1914,  neutrality .x. . . .  119 

Instructions,  August  8,  1914,  neutrality  regulations 120 

Instructions,  August  9,  1914,  neutrality  enforcement. . . 121 

Instructions,  August  12,  1914,  military  expeditions 122 

Instructions,  August  19,  1914,  military  expeditions 122 

Instructions,  August  22,  1914,  duties  of  citizens 123 

Instructions,  August  24,  1914,  radiotelegraphy 123 

Instructions,  August  24,  1914,  radiotelegraphy 124 

Instructions,  August  26,  1914,  radiotelegraphy 124 

Instructions,  August  26,  1914,  radiotelegraphy 124 

Instructions,  August  26,  1914,  radiotelegraphy 125 

Memorandum,  October,  1914,  armed  neutrality  proposal. . .  125 

Index..  131 


NEUTRALITY  PROCLAMATIONS  AND  REGULATIONS. 


ARGENTINE  REPUBLIC. 

Declaration  of  neutrality  in  the  European  war,  August  5, 
[Boletin  del  Minlstro  de  Relaclones  Exteriores  y  Culto,  vol.  43,  p.  3.] 

BUENOS  AYEES,  August  5,  1914- 

In  view  of  the  communications  received  by  the  executive  power 
from  the  imperial  and  royal  legation  of  Austria-Hungary  on  July 
26,  making  known  the  rupture  of  relations  between  that  country 
and  Serbia ;  from  the  diplomatic  representatives  of  Russia  and 
Germany  under  dates  of  August  2  and  3,  respectively,  making 
known  the  state  of  war  existing  between  the  two  countries ;  from 
the  German  legation  on  August  4,  declaring  that  the  Empire  finds 
itself  in  a  state  of  war  with  France;  from  the  legation  of  His 
"Britannic  Majesty  on  the  present  date  declaring  that  the  United 
Kingdom  finds  itself  at  war  with  the  German  Empire ;  from  the 
legation  of  Belgium  of  the  present  date  giving  notice  that  the 
German  troops  have  penetrated  into  its  territory  and  that  its 
Government  has  decided  to  resist  by  force,  and  considering : 

That  the  state  of  war  existing  between  nations  friendly  to 
the  Argentine  Republic  imposes  the  necessity  of  determining  the 
criterion  and  the  rules  of  conduct  which  it  is  proper  to  adopt  to 
maintain  the  neutrality  of  the  Republic  during  the  conflict, 

That  the  principles  of  international  law  consecrated  by  the 
opinion  of  authors  and  by  the  practice  of  nations  have  been  con- 
densed in  the  clauses  of  the  convention  signed  at  The  Hague 
October  18,  1907, 

That  although  this  convention,  signed  by  the  Argentine  pleni- 
potentiaries, has  not  yet  been  approved  by  the  congress,  this 
circumstance  does  not  diminish  the  value  which  it  possesses  as  a 
body  of  doctrine  for  determining  the  duties  and  the  rights  of 
neutral  nations  in  case  of  war, 

That  it  is  indispensable  in  order  to  conform  to  the  sentiments 
of  the  Argentine  Government,  to  assure  the  greatest  uniformity 
of  treatment  toward  all  the  belligerent  nations, 

The  Vice  President  of  the  Argentine  nation  decrees: 

ARTICLE  1.  While  the  state  of  war  between  the  nations  above 
mentioned  or  between  any  of  them  shall  continue,  the  Government 
of  the  Argentine  Republic  will  maintain  the  strictest  neutrality. 

9 


10  Neutrality  Rules,  Brazil. 

ABT.  2.  To  render  this  provision  effective  there  will  be  followed 
in  all  cases,  the  rules  of  law  and  the  manner  of  procedure  set 
forth  in  the  convention  relative  to  the  rights  and  duties  of  neutral 
powers  signed  at  The  Hague  October  18,  1907.1 

ABT.  3.  The  ministers,  each  in  that  which  concerns  him,  will 
adopt  the  measures  and  will  give  the  instructions,  necessary  for 
the  execution  of  the  present  decree. 

ABT.  4.  This  decree  will  be  communicated,  published,  and  in- 
scribed in  the  national  register. 

PLAZA  Josls  Louis  MUBATUBE. 

BRAZIL. 

General  Rules  of  Neutrality,  August  4,  1914- 

ABT.  1st.  National  and  foreign  residents  in  the  United  States 
of  Brazil  must  abstain  from  any  participation  in  aid  of  the  bellig- 
erents or  any  act  that  may  be  deemed  hostile  to  one  of  the  nations 
at  war. 

ABT.  2nd.  The  belligerents  are  not  allowed  to  promote  in  Brazil 
the  enlistment  of  their  nationals,  or  of  Brazilian  citizens,  or  of 
subjects  of  other  nations,  for  service  in  their  forces  on  land 
or  sea. 

ABT.  3rd.  The  Government  of  Brazil  does  not  consent  that 
privateers  be  armed  and  equipped  in  the  ports  of  the  Republic. 

ABT.  4th.  The  exportation  of  arms  and  ammunitions  of  war 
from  Brazil  to  any  port  of  the  belligerent  nations,  under  the 
Brazilian  flag,  or  that  of  any  other  nation,  is  absolutely  fpr- 
bidden. 

ABT.  5th.  The  States  of  the  Union  and  their  agents  are  not 
permitted  to  export  or  to '  participate  in  exporting  any  kind  of 
war  material  for  any  of  the  belligerents,  severally  or  collectively. 

ABT.  6th.  A  belligerent  is  not  permitted  to  have  a  naval  base 
of  operations  against  the  enemy  at  any  point  in  the  littoral  of 
Brazil,  or  its  territorial  waters,  nor  to  have  in  said  waters  wire- 
less telegraph  stations  to  communicate  with  belligerent  forces  in 
the  theatre  of  the  war. 

ABT.  7th.  In  case  the  military  operations  or  the  sea-ports  of  any 
of  the  belligerents  are  situated  at  less  than  twelve  days  from  the 
United  States  of  Brazil,  reckoning  travel  at  twenty-three  miles 
an  hour,  no  warship  of  the  other  belligerent  or  belligerents  will 
be  allowed  to  stay  in  Brazilian  ports,  harbors  or  roadsteads 
longer  than  twenty-four  hours,  except  in  case  of  ships  putting  In 
on  account  of  urgent  need. 

The  case  of  urgent  need  justifies  the  staying  of  the  warship  or 
privateer  at  the  port  longer  than  twenty-four  hours : 

1.  If  the  repairs  needed  to  render  the  ship  seaworthy  cannot  be 
made  within  that  time; 

1  Navy  Department,  1911,  Hague  and  Geneva  Conventions,  p.  118 ;  Naval 
War  College,  International  Law  Situations,  8 :  213. 


Entrance  of  Warships.  II 

2.  In  case  of  serious  danger  on  account  of  stress  of  weather ; 

3.  Whe'n  threatened  by  some  enemy  craft  cruising  off  the  port 
of  refuge. 

These  three  circumstances  will  be  taken  into  consideration  by 
the  Government  in  granting  a  delay  for  the  refugee  ship. 

AET.  8th.  If  the  distance  from  the  Brazilian  port,  harbor  or 
roadstead  of  refuge  to  the  next  point  of  the  littoral  of  the  enemy 
is  greater  than  twelve  days'  sail,  the  duration  of  the  stay  of  the 
refugee  ship  or  ships  of  war  in  the  Brazilian  waters  will  be  left 
to  the  determination  of  the  Government,  acting  according  to 
circumstances.  '  . 

AET.  9th.  Regardless  of  the  distance  between  the  Brazilian 
ports  and  the  principal  field  of  military  operations  or  between  the 
Brazilian  ports  and  those  of  one  of  the  belligerent  countries, 
privateers  will  not  be  allowed  to  stay  in  ports,  harbors  or  terri- 
torial waters  of  Brazil  longer  than  twenty-four  hours,  except  in 
the  three  cases  mentioned  in  Art.  7th. 

AET.  10th.  The  rules  established  by  Articles  Nos.  7  and  8  for 
the  limitation  of  the  stay  of  ships  in  the  ports,  harbors  and  terri- 
torial waters  of  Brazil  do  not  apply  to  ships  of  war  occupied  in 
scientific,  religions  or  philanthropic  missions,  nor  to  hospital 
ships. 

AST.  llth.  Any  act  of  war,  including  capture  and  the  exercise 
of  the  right  of  visit,  by  a  belligerent  warship  in  territorial  waters 
of  Brazil  constitutes  a  violation  of  the  neutrality  and  offends  the 
sovereignty  of  the  Republic. 

Besides  due  reparation,  the  Government  of  the  Republic  will 
demand  the  release  by  the  belligerent  government  or  governments 
of  the  vessels  captured,  with  their  officers  and  crew,  if  such  cap- 
tured vessels  are  already  beyond  the  jurisdictional  water  of 
Brazil  and  immediate  repression  of  the  abuse  committed. 

AST.  12th.  Once,  war  is  declared,  the  Federal  Government  will 
prevent,  by  all  means,  the  fitting  out,  equipping  and  arming  of  any 
vessel  that  may  be  suspected  of  intending  to  go  privateering  or 
otherwise  engaging  in  hostilities  against  one  of  the  belligerents. 
The  Government  will  be  equally  careful  in  preventing  the  sailing 
from  the  Brazilian  territory  of  any  vessel  there  adapted  to  be  used 
as  a  warship  in  hostile  operations. 

ART.  13th.  The  belligerent  warships  are  allowed  to  repair  their 
damages  in  the  ports  and  harbors  of  Brazil  only  to  the  extent  of 
rendering  them  seaworthy,  without  in  .any  wise  augmenting  their 
military  power. 

The  Brazilian  naval  authorities  will  ascertain  the  nature  and 
extent  of  the  proper  repairs,  which  shall  be  made  as  promptly  as 
possible. 

ABT.  14th.  The  aforesaid  ships  may  take  supplies  in  Brazilian 
ports  and  harbors : 

1.  To  make  up  their  usual  stock  of  food  supplies  as  in  time  of 
peace ; 


12  Neutrality  Rules,  Brazil. 

2.  To  take  fuel  enough  to  reach  their  next  home  port  or  com- 
plete the  filling  of  their  coal-bunkers  proper. 

ABT.  15th.  The  belligerent  warships  that  take  fuel  in  a  Bra- 
zilian port  will  not  be  allowed  to  renew  their  supplies  in  the  same 
or  other  Brazilian  port  before  three  months  have  elapsed  since 
their  next-previous  supply. 

ART.  16th.  Belligerent  ships  are  not  allowed  to  increase  their 
armament,  military  equipment,  or  crews  in  the  ports,  harbors,  or 
territorial  waters  of  Brazil.  They  may  claim  the  services  of  the 
national  pilots. 

ABT.  17th.  The  neutrality  of  Brazil  is  not  affected  by  the  mere 
passage  through  its  territorial  waters  of  belligerent  warships 
and  their  prizes. 

ABT.  18th.  If  warships  of  two  belligerents  happen  to  be  to- 
gether in  a  Brazilian  port  or  harbor,  an  interval  of  twenty-four 
hours  shall  elapse  between  the  sailing  of  one  of  them  and  the 
sailing  of  her  enemy,  if  both  are  steamers.  If  the  first  to  sail  is- 
a  sailing  vessel  and  the  next  being  an  enemy  is  a  steamer,  three 
days'  advance  will  be  given  to  the  first  belligerent  ship.  Their 
time  of  sailing  will  be  counted  from  their  respective  arrivals, 
exceptions  being  made  for  the  cases  in  which  a  prolongation  of 
stay  may  be  granted.  A  belligerent  ship  of  war  cannot  leave  a 
Brazilian  port  before  the  departure  of  a  merchant  ship  under  an. 
enemy  flag,  but  must  respect  the  aforesaid  provisions  concerning 
the  intervals  of  departure  between  steamers  and  sailing  vessels. 

ABT.  19th.  If  a  belligerent  warship  having  received  due  notice 
from  the  competent  local  authority  does  not  leave  the  Brazilian 
port  where  her  stay  would  be  unlawful,  the  Federal  Government 
will  take  the  necessary  measures  to  prevent  her  sailing  during 
the  war. 

(a)  The  officer  in  command  of  a  ship  of  war  flying  the  flag 
of  a  nation  having  ratified  the  13th  convention  of  The  Hague, 
October  17,  1907,  or  having  adhered  to  it  afterwards,  is  under 
obligation  to  facilitate  the  execution  of  those  measures. 

(b)  If  a  commandant  of  a  belligerent  ship  refuses  to  comply 
with  the  notice  received,  for  some  reason  nonapplicable,  or  for 
lack  of  adhesion  to  that  and  other  clauses  of  said  convention  of 
The  Hague,  the  Federal  Government  will  command  the  naval  and 
military  authorities  of  the  Republic  to  use  force  to  prevent  the 
violation  of  Brazilian  neutrality. 

(c)  A  belligerent  ship  being  detained  in  Brazil,  her  officers 
and  crew  shall  be  detained  with  her. 

(d)  The  officers  and  men  thus  detained  may  have  their  quar- 
ters in  another  ship  or  in  some  place  ashore,  to  be  under  the  re- 
strictive measures  that  are  advisable,  keeping  aboard  the  warship 
the  men  necessary  to  her  upkeep.     The  officers  may  have  their 
freedom,  under  written  pledge,  on  their  word  of  honor,  not  to  leave 
the  place  assigned  to  them  In  Brazilian  territory  without  authori- 
zation from  the  minister  of  the  navy. 

\ 


Treatment  of  Prizes.  13 

AET.  20th.  The  captures  made  by  a  belligerent  may  only  be 
brought  to  a  Brazilian  port  in  case  of  unseaworthiness,  stress  of 
weather,  lack  of  fuel  or  food  provisions,  and  also  under  the  con- 
ditions provided  hereinbelow  in  Article  21st. 

The  prize  must  depart  as  soon  as  the  cause  or  causes  of  her 
arrival  cease.  Failing  that  departure,  the  Brazilian  authority 
will  notify  the  commander  of  the  prize  to  leave  at  once,  and,  if 
not  obeyed,  will  take  the  necessary  measures  to  have  the  prize 
released  with  her  officers  and  crew,  and  to  intern  the  prize  crew 
placed  on  board  by  the  captor. 

Any  prize  entering  a  Brazilian  port  or  harbor,  except  under  the 
aforesaid  four  conditions,  will  be  likewise  released. 

AET.  21st.  Prizes  may  be  admitted  that  are  brought,  under  con- 
voy or  not,  to  a  Brazilian  port,  to  be  placed  under  custody  pend- 
ing the  decision  of  the  competent  prize  court.  The  prize  may 
be  sent  by  the  local  authority  to  some  other  Brazilian  port.  If 
she  is  convoyed  by  a  warship,  the  officers  and  prize  crew  put 
aboard  by  the  captor  may  return  to  the  warship.  If  she  sails 
alone,  the  prize  crew  put  aboard  by  the  captor  is  left  at  liberty. 

AET.  22nd.  Belligerent  warships  that  are  chased  by  the  enemy, 
and,  avoiding  attack,  seek  refuge  in  a  Brazilian  port,  will  be 
detained  there  and  disarmed.  But  they  will  be  allowed  to  go 
if  their  officers  in  command  take  the  pledge  of  not  engaging 
themselves  in  war  operations. 

AET.  23rd.  No  prize  will  be  sold  in  Brazil  before  the  validity 
of  her  capture  is  recognized  by  the  competent  court  in  the  country 
of  the  captor.  Nor  is  the  captor  allowed  to  dispose  in  Brazil 
of  the  goods  in  his  possession  as  a  result  of  the  capture. 

AET.  24th.  From  the  officers  in  command  of  naval  forces  or 
warships  calling  at  Brazilian  ports  for  repairs  or  supplies,  a 
written  declaration  will  be  required  that  they  will  not  capture 
merchant  ships  under  their  adversary's  flag,  even  outside  terri- 
torial waters  of  Brazil,  if  met  between  30  degrees  Long.  W. 
Greenwich,  the  parallel  of  4  degrees,  30  minutes  N.  and  that  of 
30  degrees  S.,  when  these  merchant  ships  have  taken  cargo  in 
Brazilian  ports  or  are  bringing  cargo  to  the  same. 

AET.  25th.  Belligerents  can  not  receive  in  Brazilian  ports  goods 
sent  directly  to  them  in  ships  of  any  nation,  since  this  would 
mean  that  the  warships  did  not  put  in  in  a  case  of  urgent  need, 
but  intended  to  cruise  in  these  waters.  To  tolerate  such  an  abuse 
would  amount  to  allowing  Brazilian  ports  to  be  used  as  a  base 
of  military  operations. 

AST.  26th.  Belligerent  warships  admitted  into  the  ports  and 
harbors  of  Brazil  shall  remain  in  the  places  to  them  assigned 
by  the  local  authorities,  perfectly  quiet  and  in  peace  with  the 
other  ships,  even  with  the  warships  of  other  belligerents. 

ART.  27th.  The  Brazilian  military,  naval,  fiscal  and  police  au- 
thorities will  exercise  the  greatest  care  to  prevent  the  violation 
of  the  aforesaid  measures  in  the  territorial  waters  of  the  Re- 
public. 


14  Neutrality  Rules,  Brazil. 

Department  of  State  for  Foreign  Relations,  Rio  de  Janeiro, 
August  4th,  1914. 

FBEDEBICO  ALFONSO  DE  CARVALHO. 

Decree  No.  11,141  of  September  9th,  1914,  completing  the  rules  of 
neutrality  approved  by  decree  No.  11,087  of  August  4th,  abro- 
gates the  last  part  of  the  22nd  article  of  the  same  decree. 

The  President  of  the  Republic  of  the  United  States  of  Brazil 

Resolves  to  incorporate  into  the  Decree  No.  11,037  of  the  4th 
of  August  ultimo  the  following  rules: 

ART.  1st.  No  merchant  ship  will  be  allowed  to  sail  from  a  Bra- 
zilian port  without  a  previous  declaration  from  the  consular 
agent  of  her  nation,  stating  the  ports  of  call  and  destination  of 
said  ship,  with  an  assurance  that  she  is  employed  only  on  com- 
mercial business. 

ABT.  2nd.  In  case  it  will  be  known,  by  the  length  of  her  voyage 
or  the  route  of  her  sailing,  that  a  ship  sailing  from  a  Brazilian 
port  went  to  other  ports  than  those  declared  in  her  statement, 
and  she  returns  to  Brazil,  she  will  be  detained  by  the  Brazilian 
naval  authorities  to  be  considered  as  belonging  to  the  fleet  of 
war  of  her  nation  and  as  such  submitted  to  the  dispositions  of 
Article  19th  of  the  Decree  No.  11,037  of  August  4,  1914. 

AST.  3rd.  Abrogates  the  last  clause  of  Article  22nd  of  the  rules 
approved  by  Decree  No.  11,037  of  the  4th  of  August,  1914. 

Rio  de  Janeiro,  September  9th,  1914. 

HERMES  DA  FONSECA. 
LAUBO  MtiLLER. 

Circular  dispatch  sent  by  the  Minister  of  Foreign  Affairs  to  the 
Brazilian  Embassies  and  Legations.    February  22,  1915. 

FEBRUARY  22,  1915. 

According  to  our  law,  that  follows  in  this  the  principles  of 
commercial  law  common  to  all  civilized  nations,  the  commercial 
associations  established  and  operating  in  the  country  and  regis- 
tered in  the  Brazilian  boards  of  trade  are  considered  as  Brazilian 
irrespective  of  the  nationality  of  their  individual  members. 
Although  this  may  bring  as  a  consequence  a  difference  between  the 
juridic  personality  of  these  societies  and  that  of  their  members, 
the  Brazilian  Government  will  not  give  its  support  to  the  claims 
made  by  commercial  societies  composed  of  foreign  members, 
against  acts  of  any  of  the  belligerent  nations,  until  and  when, 
having  duly  examined  the  facts  and  carefully  considered  the  cir- 
cumstances, it  will  be  convinced,  not  only  that  the  claim  is  abso- 
lutely well  founded,  but  also  that  it  is  free  from  any  political 
objects.  It  is  the  aim  of  the  Government  of  Brazil  to  see  by  this 
decision  that  a  juridic  principle,  true  and  useful  in  time  of  peace, 
may  not  be  diverted  from  its  moral  purposes  of  tutelage  and 
organization  so  as  to  cover  acts  not  consistent  with  the  neutrality 
that  Brazil  has  so  rigorously  maintained. 

LAURO 


Hague  Convention  Rules.  15 

CHILE. 

Note  of  the  Minister  of  Foreign  Relations  to  the  Minister  of  Inte- 
rior on  the  application  of  the  rules  of  neutrality  established  by 
the  Second  Conference  of  The  Hague.  August  7,  1914- 

[RevUe  G6ne"rale  de  Droit  International  Public,  Doc.  23 : 7.] 

SANTIAGO,  August  7,  1914- 
To  the  MINISTEB  OF  INTERIOR: 

The  rules  which  ought  to  be  observed  by  the  Chilean  authorities 
relative  to  neutrality  in  the  European  war  are  those  established 
on  this  subject  by  the  Second  Conference  of  The  Hague.  The 
Convention  of  The  Hague  ought  to  be  followed,  even  though  they 
have  not  been  ratified  by  the  Government  of  Chile,  it  being  under- 
stood that  they  are  declaratory  of  the  principles  of  international 
law  universally  recognized. 

Note  of  the  Minister  of  Foreign  Relations  to  the  Minister  of  War 
and  Navy  on  the  application  in  matters  of  neutrality  of  the 
general  principles  of  international  law  and  especially  of  the 
rules  of  the  Naval  Declaration  of  London  of  February  26,  1909. 
August  5,  1914- 

[Rev.  Gen.,  Doc.  23:7.] 

SANTIAGO,  August  8,  1914- 
To  the  MINISTER  OF  WAR  AND  NAVY  : 

The  services  under  the  supervision  of  the  minister  of  war  and 
navy  ought,  in  the  European  war,  to  observe  neutrality  conform- 
ably to  the  general  principles  of  international  law.1 

Rules  concerning  maritime  war  which  should  be  observed  for  the 
surveillance  of  vessels  found  in  the  territorial  waters  of  Chile. 

August  14,  1914. 

•    ..  .  i 

[Rev.  Gen.,  Doc.  23 : 7.] 

MINISTRY  OF  FOREIGN  RELATIONS, 

Santiago,  August  14,  1914- 
To  the  MINISTER  OF  WAR  AND  NAVY  : 

With  reference  to  my  confidential  note,  No.  57,  of  the  8th 
instant,  in  which  I  request  your  excellency  to  be  kind  enough  to 
instruct  the  authorities  under  your  cognizance,  and  especially 
those  of  a  maritime  nature,  to  proceed  to  the  enforcement  of  the 
neutrality  declared  by  Chile  in  the  state  of  war  which  exists  In 

1  To  the  note  was  attached  a  translation  of  the  provisions  ordered  Feb. 
26,  1909,  at  the  London  Naval  Conference,  the  rules  of  which,  according 
to  the  preliminary  statement,  correspond  In  substance  to  the  principles 
generally  recognized  by  international  law.  For  text  see  Naval  War  Col- 
lege, International  Law  Topics,  1909. 


16  Neutrality  Rules ,  Chile. 

Germany,  France,  Belgium,  Great  Britain,  Russia,  and  to  which 
Austria  should  now  be  added,  I  beg  to  indicate  to  your  excellency 
the  regulations  which,  in  accordance  with  the  principles  of  Inter- 
national law  and  especially  those  relating  to  maritime  war,  should 
be  adopted  regarding  the  surveillance  of  vessels  anchored  in 
national  waters,  to  the  end  that,  upon  the  order  of  your  excel- 
lency, the  said  authorities  should  see  that  they  are  carried  out. 

1.  All  vessels  at  anchor  in  Chilean  ports  or  which  navigate 
in  the  national  territorial  waters  may  be  obliged  to  submit  to 
the  inspection  of  their  papers  by  the  Chilean  authorities,  which 
may,  whenever  they  deem  it  necessary,  according  to  the  rules 
which  are  hereafter  specified,  proceed  anew  to  the  Inspection  of 
the  vessel,  of  its  passengers,  of  its  cargo,  and  of  its  documents. 
Inconsequence,  the  clearance  of  any  vessel  can  not  be  authorized, 
whatever  its  cargo  and  whatever  its  destination,  until  the  ship 
has  presented  complete  manifests. 

2.  Permission  to  depart  will  be  given  to  no  merchant  vessel 
which  has  altered  or  tried  to  alter  its  status,  if  there  is  reason 
to  believe  that  the  vessel  has  intended  to  transform  Itself  into 
an  auxiliary  cruiser  or  an  armed  vessel  in  any  degree  whatsoever. 

The  following  acts  will  be  considered  as  furnishing  a  presump- 
tion of  change  of  status: 

(a)  To  alter  the  location  or  position  of  guns  which  are  on 
board  the  vessel  at  the  time  of  its  arrival;  to  change  the  color, 
the  rigging,  or  the  equipment  of  the  vessel  in  a  manner  to  create 
a  presumption  that  this  change  has  an  object  relating  to  military 
operations ; 

(6)  To  embark  guns,  arms,  or  munitions  in  the  circumstances 
which  indicate  adaptation  of  the  vessel  to  military  ends ; 

(c)  To  refuse  to  take  on  board  passengers  when  the  vessel  pos- 
sesses suitable  accommodation  for  them ; 

(d)  To  load  abnormal  quantities  of  coal. 

3.  The  maritime  authorities  should  demand  of  foreign  consuls 
who  vise1  the  papers  of  vessels  a  declaration  in  reference  to  the 
character  of  the  vessel,  stating  whether  it  is  a  question  of  a  mer- 
chant vessel  engaged  in  the  transport  of  merchandise  and  passen- 
gers, or  whether  it  forms  a  part  of  the  armed  forces  of  the 
nation  to  which  it  belongs.    In  this  latter  case  the  vessel  will  be 
warned  that  it  must  depart  after  twenty-four  hours  and  with 
coal  only  sufficient  for  the  journey  to  the  nearest  port  of  its 
nation. 

4.  No  belligerent  vessel  of  war  can  prepare  for  operations  of 
war  in  the  jurlsdictional  waters  of  Chile  or  proceed  to  the  ob- 
servation of  the  vessels  of  its  adversaries  in  the  same  waters. 

5.  No  belligerent  vessel  of  war  can  leave  a  port  of  Chile  until 
there  has  elapsed  a  period  of  24  hours  since  the  departure  of  an 
enemy  vessel  of  war  from  the  same  port. 

6.  Every  belligerent  vessel  of  war  will  be  required  to  depart 
after  a  period  of  24  hours  from  its  arrival,  except  In  stress  of 


Surveillance    of  Vessels.  17 

weather,  lack  of  provisions  or  in  case  of  necessary  repairs;  in 
these  cases  effort  will  be  made  to  leave  the  port  as  soon  as  pos- 
sible after  the  expiration  of  the  24-hour  period,  and  no  permis- 
sion will  be  given  to  take  on  more  supplies  than  are  indispensable 
for  immediate  necessities.  As  to  repairs,  the  following  rules 
will  be  observed:  The  vessel  can  not  remain  in  Chilean  waters 
more  than  24  hours  after  the  completion  of  the  said  repairs.  If 
an  enemy  vessel  has  departed  during  this  24  hours  the  other 
will  remain  in  the  national  waters  until  a  new  interval  of  24 
hours  has  elapsed. 

7.  No  belligerent  vessel  can  load,  in  Chilean  waters,  anything 
except  provisions  and  the  objects  necessary  for  the  subsistence 
of  its  crew,  nor  a  quantity  of  coal  greater  than  that  stipulated  in 
rule  No.  3. 

8.  The  use  of  radio  telegraphy  is  forbidden  to  all  merchant 
vessels  during  their  sojourn  in  the  Chilean  waters.    To  render 
this  prohibition  effective  it  will  be  convenient  to  dismantle  the 
apparatus  designed  for  this  system  of  telegraphy. 

If  possible,  some  vessels  of  the  national  fleet  might  be  stationed 
in  the  principal  ports  of  the  Republic  to  assure  the  observance  of 
these  rules  of  neutrality,  that  is  to  say,  to  prevent  the  vessels 
which,  according  to  the  said  rules  should  not  depart  from  Chilean 
waters,  from  doing  so  surreptitiously. 

In  general,  the  ministry  believes  that  if  any  of  the  provisions 
noted  should  be  difficult  to  carry  out,  in  whole  or  in  part,  by  the 
authorities  charged  therewith,  it  would  be  advisable  to  do  so  as 
far  as  possible  within  the  means  at  their  disposal,  in  order  that 
our  intentions  of  neutrality  may  be  made  clear. 

In  case  any  doubt  should  arise  in  the  application  of  the  prin- 
ciples of  international  law,  the  undersigned  will  hasten  to  secure 
the  necessary  decision  in  the  matter. 

The  Government  of  the  United  States  has  issued  similar  regu- 
lations to  those  contained  in  this  note,  regarding  the  observation 
of  neutrality  in  maritime  war. 

God  guard  your  excellency. 

B.  VIIXEGAS  E. 

Declaration  of  the  Ministry  of  Foriegn  Relations  on  the  subject  of 
the  supplying  of  coal  to  belligerent  vessels  of  war  in  Chilean 
ports.  October  14,  1914. 

[Rev.  G<5n.,  Doc.  23  : 10.] 

SANTIAGO,  October  14,  1914. 
MINISTBY  OF  FOREIGN  RELATIONS  : 

In  reference  to  the  application  of  article  19  of  convention  xiil 
of  The  Hague  of  October  18,  1907,  on  the  subject  of  the  supplying 
of  coal  to  belligerent  vessels  of  war  in  neutral  ports,  it  is  neces- 
sary to  imply  by  "  the  nearest  port  of  its  own  country  "  of  which 
article  19  makes  mention,  a  port  of  the  mother  country  and  not 
a  colonial  port. 

79596-17 2 


18  Neutrality  Rules,  Chile. 

Instructions  for  the  office  of  the  director  of  maritime  territory  of 
Chile  in  reference  to  radio  communication  by  vessels  in  the 
territorial  and  interior  waters  of  Chile.    October  14,  1914. 
[Rev.  G«5n.,  Doc.  23  : 10.] 

SANTIAGO,  October  14,  1914. 

1.  All  vessels  provided  with  radio  apparatus  without  distinc- 
tion of  nationality,  which  navigate  in  our  territorial  waters  or 
are  at  anchor  in  oxir  ports  are  forbidden  to  use  the  said  ap- 
paratus. 

2.  When  arriving  in  a  port  or  roadstead,  these  vessels  ought  to 
dismantle   their    antennae,   breaking   their    connection   with   the 
gear  and  apparatus,  as  soon  as  they  have  been  received  by  the 
maritime  authorities,  who  will  personally  see  to  the  strict  accom- 
plishment of  this  order,  by  proceeding  immediately  to  affix  their 
seals  and  stamps  on  the  doors,  windows,  skylights,  and  other 
ways  of  access  to  the  place  in  which  this  apparatus  is  located. 

3.  All  national  or  foreign  vessels  which  remain  in  a  port  more 
than  four  days  will  remove  their  antennae,  which  will  be  kept 
in  the  same  place  as  the  apparatus  of  the  radio  station,  observing 
the  same  instructions  for  sealing  the  ways  of  access   to  this 
place. 

4.  The  maritime  authorities  will  report  to  the  office  of  the 
director  of  maritime  territory  on  the  accomplishment  of  the  pres- 
ent  instructions,    not   forgetting  that   their   nonaccomplishment 
may  compromise  the  neutrality  of  the  country. 

Order  of  the  Maritime  Governments  in  reference  to  radio  com- 
munication by  vessels  in  the  territorial  and  interior  waters  of 
Chile.  October  15,  1914. 

[Rev.  G6n.,  Doc.  23  : 10.] 

PUNTA  AEENAS,  October  15,  1914. 

Upon  this  date  there  has  been  received  from  the  director  of  the 
Maritime  Territory  the  following  telegram: 

"  In  addition  to  sealing  and  stamping  the  places  in  which  radio 
apparatus  is  located,  please  order  the  lowering  and  disconnecting 
of  the  antennae  from  the  halyards  and  radio  apparatus  of  all 
steamers  with  radio  installations,  upon  arriving  at  Chilean  ports. 
Steamers  that  remain  more  than  four  days  in  port  ought  to  de- 
liver their  antennae  to  the  maritime  .authorities  until  the  day  of 
their  departure,  giving  account  by  telegraph  to  the  office  of  this 
director. — SIMPSON." 

I  transcribe  this  for  your  knowledge,  requesting  you  to  please 

order  the  captains  as  soon  as  possible  to  lower  and  disconnect  the 

antennae  from  the  halyards  and  radio  apparatus  and  immediately 

to  advise  this  maritime  government  in  order  to  bring  them  ashore. 

Salutes  you  attentively, 

I.  TBIVINO. 

(Seal  of  the  Qovernacion  Maritima  de  Magallanes.) 

CONSITI.  OF  THE  UNITED  STATES  OF  NORTH  AMERICA. 
Present. 


Supply  of  Coal.  19 

Note  from  the  office  of  the  Director  General  of  the  Army  to  the 
Ministry  of  War  and  Navy  proposing  measures  for  preventing 
the  excessive  supplying  of  coal  to  belligerent  merchant  vessels 
.  in  Chilean  ports.    November  2,  1914' 

[Rev.   G€n.,   Doc.   23:10.] 

SANTIAGO,  November  2,  1914. 

1.  Every  merchant  vessel  of  belligerent  flag  carrying  freight  or 
passengers,  or  only  freight  or  sailing  in  ballast,  can  take  on  coal, 
allowing  20  per   cent  for   accidents,   necessary   to   carry   it   to 
Callao  or  to  Montevideo,  according  to  the  route  which  it  takes 
(that  is  to  say,  according  to  whether  its  route  is  north  or  south 
of  Chile). 

2.  If  one  of  the  vessels  to  which  the  preceding  article  refers 
happens  to  touch  at  another  port  of  Chile  to  again  take  on  coal 
or  supplies  under  pretext  that  the  fuel  which  it  carried  has  been 
taken  by  a  vessel  of  war,  it  will  not  be  permitted  to  take  ao 
amount  of  coal  greater  than  that  necessary  for  its  service. 

3.  Vessels  of  neutral  flag,  whether  or  not  they  carry  passengers 
and  freight,  can  take  on  coal  necessary  to  take  them  to  their  port 
of  destination. 

Decree  of  the  Government  of  Chile  as  to  what  should  be  consid- 
ered the  jurisdictional  waters  of  Chile  in  reference  to  neutrality. 
November  5,  1914- 

[Rev.  Gen.,  Doc.  23:11.] 

No.  1857.  MINISTRY  OF  FOREIGN  RELATIONS, 

Santiago,  November  5,  1914- 

Considering  that,  although  it  is  true  that  the  laws  of  the  Repub- 
lic have  determined  the  limits  of  the  territorial  sea  and  of  the 
national  domain,  and  the  distance  to  which  extend  the  rights 
of  police  in  all  matters,  concerning  the  security  of  the  country  and 
the  observance  of  customs  laws,1  they  have  not  fixed  the  maritime 
zone  in  reference  to  the  safeguarding  of  the  rights  and  the  accom- 
plishment of  the  duties  relative  to  the  neutrality  declared  by  the 
Government  in  case  of  international  conflicts ;  and  that  it  is 
proper  for  sovereign  states  to  fix  this  zone : 

It  is  decreed: 

The  contiguous  sea,  up  to  a  distance  of  3  marine  miles  counted 
from  the  low-water  line  is  considered  as  the  jurisdictional  or 
neutral  sea  on  the  coasts  of  the  Republic  for  the  safeguarding  of 
the  rights  and  the  accomplishment  of  the  duties  relative  to  the 

1  Art.  593  of  the  Civil  Code  used  the  following  terms :  "  The  contigu- 
ous sea  to  the  distance  of  a  marine  league  counted  from  the  low-water 
line  Is  a  territorial  sea  appertaining  to  the  national  domain ;  hut  the 
right  of  police,  In  all  matters  concerning  the  security  of  the  country  and 
the  observance  of  the  customs  laws,  extends  to  the  distance  of  4  marine 
leagues  counted  In  the  same  manner." 


20  Neutrality  Rules^  Chile. 

neutrality  declared  by  the  Government  in  case  of  international 
conflicts. 

Let  it  be  noted,  communicated,  published,  and  inserted  in  the 
Bulletin  of  the  Laws  and  Decrees  of  the  Government. 

BABBOS  Luco. 

MANUEL  SALINAS. 

Circular  of  the  naval  authorities  of  Chile  to  the  consuls  and  to  the 
agencies  of  navigation  companies,  indicating  the  measures 
autJwrized  by  the  Ministry  of  Marine  for  preventing  the  exces- 
sive supplying  of  belligerent  merchant  vessels  in  the  ports  of 
Chile.  November  7,  1914- 

[Rev.  Gen.,  Doc.  23:11.] 

VALPABAISO,  November  7,  191%. 

In  order  to  prevent  the  continual  complaints  which  have  been 
presented  to  them  in  reference  to  the  movements  and  supplies  of 
belligerent  merchant  vessels,  the  naval  authority  has  been 
authorized  by  the  Government  to  demand  of  the  agents  of  the 
respective  companies,  and  of  the  consul  of  the  nation  to  which 
the  vessel  in  question  belongs,  a  guaranty  that  these  will  furnish 
neither  coal  nor  provisions  to  belligerent  vessels  of  war,  and  the 
maritime  authorities  are  required  to  execute  this  order  as  a  first 
condition  for  the  departure  of  the  said  vessels. 

This  resolution  is  by  the  present  circular  brought  to  the 
knowledge  of  the  consuls  and  agents  of  the  vessels  in  question, 
by  requesting  them,  before  commencing  formalities  for  the  de- 
parture of  a  vessel,  to  guarantee  by  a  formal  written  declaration 
that  the  provisions  and  coal  which  it  has  just  taken  on  will  be 
employed  exclusively  for  their  proper  purposes  and  that  the  de- 
parture of  the  said  vessel  has  no  other  object  than  that  of  con- 
tinuing its  voyage  with  a  purely  commercial  end. 

At  the  same  time,  warning  is  given  that  the  penalty  against 
companies  to  which  a  vessel  belongs  who  violate  the  above  en- 
gagements will  be  thereafter  to  refuse  all  kinds  of  supplies  and 
fuel  to  all  vessels  of  the  said  company.1 

Circular  of  the  office  of  the  general  director  of  telegraphs  of  Chile 
in  reference  to  ordinary  telegraphic  communication.  November 
IS,  1914. 

[Rev.  Gen.,  Doc.  23  : 11.] 

SANTIAGO,  November  13,  1914. 

The  transmission  of  telegrams  in  a  conventional  or  cipher  lan- 
guage is  forbidden.  Telegrams  in  clear  language,  written  in 
Spanish,  German,  French,  English,  Italian,  or  in  Portuguese,  will 

»The  measures  indicated  in  the  circular  bad  been  previously  authorized 
by  tbe  minister  of  marine. 


Territorial  Waters.  21 

be  accepted  whenever  they  do  not  transmit  news  relative  to  the 
situation,  to  the  movements,  or  to  the  operations  of  vessels  of 
war  of  belligerent  nations.  Telegrams  of  diplomatic  and  consular 
agents  will  be  excepted  from  this  restriction.  In  case  of  doubt 
as  to  the  contents  of  telegrams  written  in  foreign  languages,  the 
inspection  office  will  be  consulted. 

Note  of  the  Minister  of  Foreign  Relations  to  the  diplomatic 
agents  of  the  belligerent  powers  in  reference  to  the  complaints 
they  may  have  to  make  concerning  the  violation  of  Chilean 
neutrality.  November  16, 


[Rev.  G<§n.,  Doc.  23  :  12.] 

MINISTRY  OF  FOREIGN  RELATIONS, 

Santiago,  November  16,  1914. 

We  desire  that  the  diplomatic  representatives  of  all  the  bel- 
ligerent powers,  in  formulating  their  complaints  on  the  violations 
of  the  rules  of  neutrality,  indicate  so  far  as  possible  the  source  of 
the  information  which  serves  as  a  base  of  these  complaints. 
This  measure  will  permit  of  proceeding  with  greater  rapidity  in 
the  investigation  and  consequently  of  taking  in  time  the  course 
which  each  case  may  require. 

Decree1  of  the  Government  of  Chile  as  to  what  should  be  con- 
sidered as  a  jurisdictional  sea  of  Chile  in  the  southern  part  of 
Chile,  especially  in  the  Strait  of  Magellan.  December  15,  1914. 

[Rev.  G4n.,  Doc.  23  :  13.] 

No.  1986.  SANTIAGO,  December  15,  1914. 

Considering  that  the  Strait  of  Magellan  as  well  as  the  canals 
of  the  southern  region  lie  within  the  international  limits  of 
Chile,  and  consequently  form  part  of  the  territory  of  the  Republic, 

It  is  decreed: 

In  reference  to  the  neutrality  established  in  the  decree  No. 
1857  of  November  5  last  of  the  ministry  of  foreign  affairs,  the 
interior  waters  of  the  Strait  of  Magellan  and  the  canals  of  the 
southern  region,  even  in  the  parts  which  are  distant  more  than 
3  miles  from  either  bank,  should  be  considered  as  forming  part 
of  the  jurisdictional  or  neutral  sea. 

Let  it  be  noted,  communicated,  published,  and  inserted  In  the 
Bulletin  of  the  Laws  and  Decrees  of  the  Government. 

BABEOS  Luco. 
MANUEL    SALINAS. 

1  This  decree  was  brought  to  the  notice  of  the  Argentine  Government  by 
a  communication  of  December  30,  1914.  It  was  said  in  this  communica- 
tion "  that  by  this  act  the  Government  of  Chile  does  not  intend  to  modify 
the  situation  created  by  the  treaties  between  Chile  and  Argentine  Repub- 
lic in  the  Straits  of  Magellan  and  the  southern  canals." 


22  Neutrality  Rules,  Chile. 

Decree  of  the  Government  of  Chile  relative  to  the  furnishing  of 
fuel  to  the  vessels  of  war  of  belligerent  countries  and  to  mer- 
chant vessels  in  the  ports  of  Chile.  December  15,  1914. 

(Bepublica  de  Colombia.     Informe  del  Mlnlsterio  de  Relaciones  Exterlores 
al  Congreso  de  1915,  p.  33,  Rev.  Gdn.,  Doc.  23 :  13.] 

No.  2009.  SANTIAGO,  December  15,  1914. 

Considering:  That  convention  xiii  of  The  Hague,  relative  to  the 
rights  and  duties  of  neutral  powers  in  case  of  maritime  war, 
provides,  in  article  19,  that  belligerent  vessels  of  war  can  take  on 
fuel  in  neutral  ports  in  quantities  sufficient  to  carry  them  to  the 
nearest  port  of  their  own  country  and  adds,  in  article  20,  that 
these  vessels  can  not  renew  their  supply  of  fuel  for  a  period  of 
three  months  in  a  port  of  the  same  power ; 

That  these  provisions,  as  well  as  others  of  the  convention  cited, 
indicate  the  fundamental  object  of  preventing  neutral  powers 
from  cooperating,  directly  or  indirectly,  in  the  acts  of  belligerents 
and  of  restricting  vessels  of  war  to  procuring  from  neutral  ports 
only  the  supplies  necessary  to  carry  them  to  the  shores  of  the 
country  to  which  they  belong ; 

That  the  application  of  these  rules  in  the  ports  of  the  Republic 
produces  results  obviously  contrary  to  the  spirit  which  animates 
all  the  provisions  of  the  above-mentioned  conventions,  since  be- 
cause of  the  great  distance  which  separates  our  coasts  from  bel- 
ligerent countries,  the  supply  of  coal  which  might  be  given  to 
vessels  of  war  is  very  considerable  and  that  thus  these  vessels 
profit  by  the  advantages  which  these  circumstances  give  them,  by 
not  directing  their  course  toward  the  coasts  of  their  own  country, 
but  by  continuing  their  belligerent  operations  in  the  American 
seas;' 

That  in  this  manner  the  provisions  cited  have  the  effect  of 
actually  increasing  the  activity  of  maritime  war  in  the  Pacific 
Ocean  contrary  to  the  wish  and  the  interests  of  Chile ; 

That  for  the  same  reason  the  consequences  of  the  European 
conflict  are  felt  more  intensely  in  our  country,  since  to  the  dis- 
turbances brought  to  its  international  commerce  and  its  economic 
and  industrial  life,  are  added  the  inconveniences  resulting  from 
the  accomplishment  of  the  duties  of  neutrality  and  of  the  sur- 
veillance of  our  coast,  to  an  extent  which  absorbs  the  activity  of 
our  maritime  authorities  and  imposes  on  the  public  treasury  con- 
siderable expense ; 

That  the  same  convention  xiii,  in  paragraph  5  of  the  preamble, 
reserves  to  the  signatory  countries  the  right  to  change  the  pro- 
visions, in  the  course  of  a  war,  when  the  experience  acquired  from 
it  demonstrates  the  necessity  for  safeguarding  their  rights ; 
,,  That  the  inconvenience  resulting  from  the  application  of  article 
19  would  be  much  reduced  if,  for  the  rule  permitting  delivery  to 
vessels  of  war  of  coal  necessary  to  gain  a  port  of  their  nation, 
was  substituted  one  authorizing  them  to  take  only  sufficient  fuel 


Supply  of  Fuel.  23 

to  reach  the  first  port  of  the  nearest  neutral ;  for  vessels  supplied 
under  these  limited  conditions  could  not  venture  upon  warlike 
operations  without  running  the  risk  of  finding  themselves  without 
power  of  locomotion  on  the  high  seas ; 

That  the  fact  of  our  country  being  a  producer  of  coal  leads 
belligerent  vessels  to  supply  themselves  with  fuel  in  our  ports 
more  than  in  those  of  other  countries  in  the  same  position,  a 
consideration  which  imposes,  especially  upon  the  Government  of 
Chile,  the  moral  obligation  of  preventing  the  abuse  which  might 
arise  in  the  future  through  the  supplying  of  coal  in  its  ports ; 

That  it  is  necessary  to  adopt  in  case  of  the  violation  of  neu- 
trality by  merchant  vessels  a  sanction  which  by  its  gravity 
would  directly  induce  the  ship  companies  to  observe  completely 
the  rules  published  by  the  Government ; 

That  finally  it  is  necessary  to  find  some  means  of  diminishing 
so  far  as  possible  the  expenses  which  are  imposed  upon  the  Gov- 
ernment for  the  surveillance  of  vessels  interned  in  the  ports  of 
the  Republic  for  violations  of  neutrality  or  because  their  pro- 
prietors have  voluntarily  permitted  it ; 

It  is  decreed: 

1.  In  the  future  the  supplies  of  coal  which  vessels  of  war  of 
belligerent  nations  can  take  successively  in  Chilean  ports  should 
not  exceed  the  quantity  necessary  for  reaching  the  first  coaling 
station  of  a  neighboring  country. 

2.  In  case  of  violation  by  a  merchant  vessel  of  any  of  the  rules 
on  the  observance  of  neutrality  adopted  by  the  Government  of  the 
Republic,  no  more  fuel  will  be  allowed  in  Chilean  ports  to  any 
vessel  of  the  company  to  which  the  vessel  committing  the  offense 
belongs. 

3.  Vessels  interned  by  the  decision  of  the  Government  because 
of  a  violation  of  neutrality  and  those  whose  proprietors  manifest 
'the  intention  of  retaining  them  in  the  Chilean  ports  until  the  end 
of  the  war  will  be  concentrated  in  the  Chilean  ports  which  the 
administrative  authority  shall  determine  in  each  case. 

4.  The  amount  of  coal  which  may  be  delivered  in  the  ports  of 
the  Republic  to  merchant  vessels  will  be  limited  to  the  capacity 
of  their  ordinary  coal  bunkers,  unless  they  desire  to  make  a 
voyage  directly  toward  some  European  port,  in  which  case  they 
will  be  given  the  quantity  of  coal  necessary  for  this  voyage  pro- 
vided the  company  to  which  the  vessel  belongs  furnishes  a  guar- 
anty sufficient  in  the  judgment  of  the  Government,  that  the  fuel 
will  be  used  only  to  complete  the  voyage  in  question. 

The  preceding  provisions  will  be  applicable  in  the  entire  terri- 
tory of  the  Republic  beginning  the  first  of  next  month. 

Let  the  present  decree  be  taken  note  of  and  let  it  be  communi- 
cated, published,  and  inserted  in  the  Bulletin  of  the  Laws  and 
Decrees  of  the  Government. 

BARROS  Luco. 
MANUEL    SALINAS. 


24  Neutrality  Rules,  Chile. 

Instructions  of  the  Minister  of  Foreign  Relations  in  reference 
to  the  supplying  of  coal  to  belligerent  vessels  of  war  in  the 
ports  of  Chile.  December  17,  1914. 

[Rev.  G€n.,  Doc.  23  : 15.] 

MlNISTEY    OF    FOBEIGN    RELATIONS, 

Santiago,  December  17,  1914. 

The  director  general  of  the  marine  should  bring  to  the  atten- 
tion of  all  the  maritime  authorities  of  the  Republic  the  dates 
upon  which  supplies  of  coal  have  been  furnished  in  the  ports 
of  Chile  to  belligerent  vessels  of  war.  The  maritime  authorities 
of  the  different  ports  ought  on  their  part  to  communicate  by  dis- 
patch to  the  office  of  the  director  general  of  the  marine  all  the 
deliveries  of  coal  made  to  the  said  vessels  of  war. 

Decree  of  the  Government  of  Chile  in  reference  to  ordinary  and 
radio  telegraphs  and  telephones.    December  30,  1914. 

[Rev.  Gen.,  Doc.  23:15.] 

MlNISTBY   OF   THE    INTERIOR, 

No.  6364.  SECOND  SECTION, 

Santiago,  December  SO,  1914- 

In  view  of  the  precedents  and  considering  that,  in  accordance 
with  the  Radio  Conference  of  London,  July  5,  1912,1  radio  offices 
not  authorized  by  the  Government  may  not  exist  in  the  territory 
of  a  State: 

Considering  that  Chile  signed  the  fifth  convention  of  The 
Hague  relative  to  the  rights  and  duties  of  neutral  powers  in  case 
of  war : 

In  view  of  articles  3  and  9  of  the  said  convention,  which  provide 
as  follows: 

ABT.  3.  Belligerents  are  likewise  forbidden  to : 

(a)  Erect  on   the   territory   of   a  neutral   power   a  wireless   telegraph 
station    or    other    apparatus    for    the    purpose    of    communicating    with 
belligerent  forces  on  land  or  sea : 

(b)  Use  any  installation  of  this  kind  established  by  them  before  the 
war  on   the  territory  of  a  neutral   power  for  purely  military   purposes, 
and  which  has  not  been  opened  for  the  service  of  public  messages. 

ABT.  9.  Every  measure  of  restriction  or  prohibition  taken  by  a  neutral 
power  in  regard  to  the  matters  referred  to  in  articles  7  and  8  must  be 
Impartially  applied  by  it  to  both  belligerents. 

A  neutral  power  must  see  to  the  same  obligation  being  observed  by 
companies  or  private  individuals  owning  telegraph  or  telephone  cables 
or  wireless  telegraphy  apparatus. 

/*  is  decreed: 

1.  The  intendants  and  governors  of  the  Republic  will  proceed 
to  dismantle  telegraph,  telephone,  and  radio  apparatus,  whether 
or  not  designed  for  public  service,  whose  installation  has  not  been 
duly  authorized. 

i  Charles,  Treaties  1910-1913,  p.  185. 


Supply  of  Food.  25 

2.  Telegraph,    cable,    and    radio    companies   belonging   to   the 
State  or  to  individuals  can  not  in  the  future  and  until  a  new 
order  accept  for  transmission  communications  written  in  a  cipher 
or  conventional  language. 

3.  Communications  addressed  by  the  diplomatic  agents  accred- 
ited to  the  Republic  and  those  which  banks  exchange  between 
their  various  branches  will  be  excepted.    The  key  to  the  language 
should,   however,  be  previously   communicated   to   the  office  of 
the  Director  General  of  Telegraphs. 

The  only  communications  which  can  be  transmitted  are  those 
clearly  written  in  German,  Spanish,  French,  English,  Italian,  and 
Portuguese,  and  which  give  no  information  on  the  situation,  the 
movements  or  the  operations  of  vessels  of  the  belligerent  nations. 
Let  it  be  noted,  communicated,  published,  and  inserted  in  the 
Bulletin  of  the  Laws  and  Decrees  of  the  Government. 

BAKROS  Luco. 
PEDBO  N.   MONTENEGRO. 

Note  of  the  Minister  of  Foreign  Relations  to  the  Minister  of  War 
and  Navy  in  reference  to  the  supplying  of  belligerent  vessels  of 
war  in  the  waters  of  Chile.  January  4,  1915. 

[Rev.  Gen.,  Doc.  23:15.] 

MINISTRY  OF  FOREIGN  RELATIONS, 

Santiago,  January  4,  1915. 

Article  19  of  convention  xiii  of  The  Hague  authorizes  belligerent 
vessels  of  war  to  revictual  in  neutral  ports  and  roadsteads  only 
to  complete  their  normal  supplies  in  time  of  peace ;  consequently, 
the  supplies  should  be  calculated  by  considering  the  current  con- 
sumption of  the  crew  in  such  a  manner  that  if  a  belligerent  vessel 
which  has- received,  in  a  Chilean  port,  supplies  for  a  certain  num- 
ber of  days  returns  to  another  Chilean  port,  it  can  not  receive  a 
new  supply  of  provisions  before  the  period  has  expired  which 
formerly  served  as  a  basis  for  the  supplying  of  provisions. 

Note  of  the  Minister  of  Foreign  Relations  to  the  Minister  of  War 
and  Navy  in  reference  to  complaints  on  the  violation  of  Chilean 
neutrality.  January  12,  1915. 

[Rev.  Gen.,  Doc.  23  : 16.] 

MINISTRY  OF  FOREIGN  RELATIONS, 

Santiago,  January  12,  1915. 
To  the  MINISTER  OF  WAR  AND  NAVY  : 

The  normal  situation  of  a  merchant  vessel  can  not  be  altered 
by  the  simple  act  of  denunciation.  Proof  is  necessary,  at  least 
that  the  vessel  has  committed  an  act  contrary  to  neutrality.  In 
case  of  grave  and  well-founded  suspicion  the  vessel,  if  it  is  abso- 
lutely necessary,  can  only  be  detained  for  a  speedy  investigation 


26  Neutrality  Rules,  Chile. 

of  the  facts.  A  file  of  documents  will  be  formed  in  each  case,  in 
which  will  be  contained  the  declaration  of  the  interested  parties 
and  testimony,  as  well  as  other  proof  proper,  to  throw  light  on  the 
question.  The  decisions  made  by  the  maritime  authority  should 
have  only  a  provisional  character  until  their  ratification  by  the 
Government.  Information  on  the  affair  in  progress  will  in  no 
case  be  given  to  the  press  even  under  pretext  of  rectification  or  of 
prohibition  of  proceedings  by  the  Government.  To  the  Govern- 
ment alone  belongs  the  duty  of  deciding  what  publication  should 
be  made. 

Declaration  of  the  Minister  of  Foreign  Relations  in  reference  to 
the  supplying  of  coal  to  belligerent  vessels  of  war  in  ports  of 
Chile.  January  23,  1915. 

[Rev.  G<§n.,  Doc.  23  :  16.] 

MINISTBY  OF  FOREIGN  RELATIONS, 

Santiago,  January  23,  1915: 

The  maritime  authorities  should  obtain  by  telegraph  authoriza- 
tion from  the  superior  naval  authority  before  according  to  bel- 
ligerent vessels  of  war  permission  to  load  coal  in  Chilean  ports, 
and  these  authorities,  if  they  do  not  receive  the  authorization  in 
sufficient  time,  should  demand  of  the  commander  of  the  vessel  a 
written  declaration  that  the  vessel  has  not  taken  on  coal  in  a 
Chilean  port  during  the  last  three  months. 

Decree  of  the  Government  of  Chile  modifying,  in  reference,  to 
ordinary  and  radio  telegraph  and  telephone  communication, 
articles  2  and  3  of  the  decree  of  December  30,  191%.  January 
25,  1914. 

[Rev.  Gen.,  Doc.  23:16.] 

MINISTBY  OF  THE  INTERIOR, 
No.  213.  Santiago,  January  25,  1915. 

In  view  of  the  dispositions  of  the  Telegraphic  Convention  of 
St.  Petersburg  (Petrograd)  celebrated  between  the  10th  and  22d 
of  July,  1875,1  and  promulgated  as  a  law  of  the  Republic  Novem- 
ber 2,  1909  : 

/*  is  decreed: 

The  provisions  of  articles  2  and  3  of  decree  No.  6364  of  Decem- 
ber 30  last,  are  modified  in  the  following  form : 

1.  Communications  of  diplomatic  representatives  and  consular 
agents  accredited  to  Chile,  can  be  transmitted  and  received  in 
cipher  or  conventional  language  without  restriction  and  upon  the 
principle  of  reciprocity. 

2.  Telegraphic  communication  of  individuals  in  the  country  it- 
self or  with  neutral  countries  can  be  transmitted  in  conventional 
language  or  cipher. 

t  Martens,  N.  R.  G.,  II,  3:614. 


Fuel  to  Merchant  Vessels.  27 

3.  Telegraphic   communication  of  individuals  in   cipher   with 
belligerent  countries  can  be  carried  on  only  by  means  of  Keys 
ABC,  fifth  edition ;  Scott's  Code,  tenth  edition ;  Bentley's  Com- 
plete Phrase  Code;  Western  Union  Code;  Lieber's  Code.     Such 
communication  will  also  be  permitted  to  those  whom  the  Govern- 
ment of  Chile  shall  authorize  on  condition  that  the  sender  remit 
to  the  appropriate  administrative  authority  a  translation  of  the 
telegram  and  that  the  latter  authorize  its  transmission,  putting 
on  the  original  cipher  his  authorization  of  transmission. 

4.  Telegraphic  communication  of  individuals  whether  or  not  in 
cipher,  which  contains  information  on  the  situation,  movements, 
or  the  operation  of  vessels  of  war,  or  of  commerce  of  belligerent 
nations  can  not  be  transmitted.    At  the  same  time  the  agents  of 
steamer  companies  or  of  commercial  houses  can  transmit  tele- 
graphs in  cipher  or  in  ,a  conventional  language,  in  the  country 
itself  or  with  neutral  countries,  in  reference  to  the  movement  of 
steamers  or  of  merchant  vessels. 

Let  it  be  noted,  communicated,  published,  and  inserted  in  the 
Bulletin  of  the  Laws  and  Decrees  of  the  Government. 

BAEEOS  Ltrco. 
PEDKO  N.  MONTENEGRO. 

Note  of  the  Minister  of  Foreign  Relations  to  the  Minister  of  War 
and  Navy  on  the  interpretation  of  the  rule  recorded  in  No.  4  of 
the  decree  of  December  15,  1914,  in  reference  to  the  supplying 
of  fuel  in  Chilean  ports  to  belligerent  merchant  vessels. 
March  IS ,' 1915. 

[Rev.  G<5n.,  Doc.  23  : 17.] 

MINISTRY  OF  FOREIGN  RELATIONS, 

Santiago,  March  IS,  1915. 
To  the  MINISTER  OF  WAR  AND  NAVY  : 

The  provisions  of  the  rule  recorded  in  No.  4  of  the  decree  of 
December  15,  1914,  should  be  interpreted  in  the  sense  that  the 
supply  of  coal  should  not  exceed  the  quantity  necessary  to  carry 
the  vessel  to  its  port  of  destination,  at  the  same  time  limiting 
the  supply  to  the  ordinary  capacity  of  its  bunkers  and  taking 
as  a  basis  the  route  and  the  usual  stops  of  similar  vessels.  Con- 
sequently the  maximum  of  coal  which  can  be  furnished  in 
Chilean  ports  to  merchant  vessels  of  belligerent  flag  will  be 
that  which  its  ordinary  bunkers  can  contain;  but  in  the  case  of 
a  voyage  to  a  port  which  the  vessel  could  gain  without  using 
the  entire  contents  of  its  ordinary  bunkers  the  supply  should  be 
reduced  to  the  quantity  necessary  to  bring  it  to  this  port  of  desti- 
nation, taking  into  consideration  the  route  and  the  usual  stops  of 
similar  vessels.  In  any  case  it  will  be  necessary  to  demand  of 
those  Interested  a  sufficient  guaranty  that  the  fuel  which  will 
be  furnished  them  will  not  be  used  to  aid  operations  of  war. 


28  Neutrality  Rules,  Chile. 

Note  of  the  Minister  of  Foreign  Relations  to  the  diplomatic  agents 
accredited  to  the  Government  of  Chile  in  reference  to  the  recon- 
version of  auxiliary  vessels  of  the  armed  fleet  into  vessels  of 
commerce.  March  15,  1915. 

[Rev.  GSn.,  Doc.  23  :  17.] 

MINISTRY  OF  FOREIGN  RELATIONS, 

Santiago,  March  15,  1915. 
To  the  MINISTER: 

This  ministry  has  examined  with  a  particular  interest  the 
question  which  has  been  submitted  to  it  by  the  British  Govern- 
ment in  a  note  of  February  4  last,  relating  to  the  possibility,  for 
English  merchant  vessels  which  have  served  up  till  the  present 
as  auxiliary  vessels  of  the  British  fleet,  to  resume  their  status 
of  merchant  vessels  and  to  be  treated  in  this  capacity  in  the 
Chilean  jurisdictional  waters. 

The  Second  International  Conference  of  Peace  assembled  at 
The  Hague  in  1907  authorized  in  convention  vii  the  transforma: 
tion  of  merchant  vessels  into  vessels  of  war,  determining  at  the 
same  time  measures  intended  to  prevent  abuses  especially  in  ref- 
erence to  the  reestablishment  of  the  privateer,  abolished  by  the 
Declaration  of  Paris  of  1856. 

But  neither  the  said  conference  nor  the  London  Naval  Confer- 
ence of  1909  have  regulated  all  the  matters  relative  to  maritime 
war  and  notably  that  of  the  reconversion  to  merchant  vessels 
of  vessels  which,  having  formerly  had  this  character,  have  sub- 
sequently been  converted  into  vessels  of  war  or  auxiliaries  to  the 
armed  fleet. 

Conformably  to  the  general  principles  of  international  law  the 
governments  of  neutral  countries  can  regulate  cases  not  provided 
for  conventionally  and  apply  in  their  jurisdictional  waters  the 
regulations  which  they  adopt.  The  preamble  of  convention  xiii 
of  The  Hague  formally  recognizes  this  right. 

The  Government  of  Chile  desires  to  settle  the  question  suggested 
by  the  note  above  indicated  according  to  .the  attitude  of  strict 
neutrality  adopted  by  it  since  the  beginning  of  the  war  and  also 
in  conformity  with  the  general  convenience  of  the  American  Conti- 
nent, since  the  great  European  conflict  has  demonstrated  in  an 
evident  manner  that  international  rules  should  in  the  future  take 
into  consideration  the  particular  conditions  of  this  hemisphere. 

Inspired  by  this  idea,  the  Chilean  Government  sees  no  incon- 
venience in  admitting  into  the  ports  and  jurisdictional  waters  of 
Chile  and  in  treating  in  all  respects  as  merchant  vessels,  vessels 
which  have  been  auxiliaries  of  the  fleet  of  one  of  the  belligerent 
States,  when  the  said  vessels  fulfill  the  following  conditions : 

1.  That  the  auxiliary  vessel  has  not  violated  Chilean  neutrality ; 

2.  That  the  reconversion  took  place  in  the  ports  or  jurisdic- 
tional waters  of  the  country  to  which  the  vessel  belongs  or  in  the 
ports  of  its  allies ; 


Reconversion  of  Vessels.  29 

3.  That  this  was  effective ;  that  is  to  say,  that  the  vessel  neither 
in  its  crew  nor  in  its  equipment  gives  evidence  that  it  can  be  of 
service  to  the  armed  fleet  of  its  country  in  the  capacity  of  an 
auxiliary,  as  it  was  formerly ; 

4.  That  the  Government  of  the  country  to  which  the  vessel 
belongs  communicates  to  all  interested  nations,  and  in  particular 
to  neutrals,  the  names  of  auxiliary  vessels  which  have  lost  this 
status  to  resume  that  of  merchant  vessels ;  and 

5.  That  the  same  Government  give  its  word  that  the  said  ves- 
sels are  not  in  the  future  intended  for  the  service  of  the  armed 
fleet  in  the  capacity  of  auxiliaries. 

ALEJANDRO  LIRA. 

Decree  of  the  Government  of  Chile  regarding  the  official  relations 
of  foreign  diplomatic  agents  and  consuls  ivith  the  administra- 
tive services  of  Chile.  March  30,  1915. 

[Rev.  Gen.,  Doc.  23:21.] 

No.  320.  SANTIAGO,  March  80,  1915. 

Considering  the  convenience  of  regulating  the  official  relations 
between  the  diplomatic  and  consular  functionaries,  national  or 
foreign,  and  the  national  administration,  and  following  in  this 
the  established  practice  in  other  nations, 

It  is  decreed: 

1.  No  national  or  municipal  service  of  any  kind  whatsoever  can 
•entertain   relations  with   foreign  diplomatic  or  consular   repre- 
sentatives or  with  those  of  the  Republic,  nor  solicit  of  them  or 
furnish  to  them  any  information  except  through  the  intermediary 
of  the  minister  of  foreign  affairs  to  whom  either  should  be  ad- 
dressed. 

2.  In  certain  exceptional  cases  these  relations  can  be  estab- 
lished directly,  but  it  will  be  necessary  to  obtain  the  express 
consent  of  the  minister  of  foreign  affairs  and  the  authorization 
of  the  minister  or  cognate  superior  authority. 

3.  No  diplomatic  or  consular  authority   of  the  Republic  can 
entertain  relations  of  an  official  character  with  an  institution, 
•entity,  or  official  authority  of  a  State  which  is  not  included  in  his 
own  jurisdiction,  when  a  diplomatic  or  consular  representative  of 
the  Republic,  who  is  the  natural  intermediary,  resides  in  that 
"State. 

Circular  relating  to  radio  communication,  April,  1915. 
[Rev.  G<5n.,  Doc.  23  :  21.] 

MINISTRY  OF  FOREIGN  RELATIONS, 

Santiago,  April,  1915. 
MR.  CHARGE  D'AFFAIRES  : 

I  have  the  honor  to  inform  your  excellency  that  by  decree  No. 
<506,  dated  the  9th  instant,  of  the  ministry  of  the  interior,  the 
JBroom  Halle  Imperial  Combination  (except  special  rubber  edi- 


30  Neutrality  Rules,  Chile. 

tlon)  ;  Meyers  Atlantic  Code,  thirty-ninth  edition;  and  Code 
A  Z  have  been  included  among  the  telegraphic  codes  referred  to 
in  article  3  of  decree  No.  213  of  January  25,  last,  of  the  same 
ministry. 

I  reiterate  to  your  excellency  the  assurance  of  my  distinguished 
consideration. 

ALEJANDRO  LIKA. 

To  THE  CHARGE  D'AFFAIRES  OF  THE  UNITED  STATES  OF  AMERICA. 

Decree  of  the  Government  of  Chile  on  the  supplying  of  fuel  in  the 
ports  of  Chile  to  belligerent  merchant  vessels  making  a  direct 

.  voyage  to  European  ports  following  the  decree  of  December  15, 
191'4,  No.  4.  May  17,  1915. 

[Rev.  G<§n.,  Doc.  23:21.] 

SANTIAGO,  May  17,  1915. 

Navigation  companies  which  require  coal  in  Chilean  ports  for 
vessels  of  belligerent  flag  which  wish  to  make  a  direct  voyage 
to  European  ports  should  make,  as  a  guaranty  of  the  declared 
destination  of  the  fuel,  a  deposit  of  5  livres  sterling  per  ton  of 
coal  loaded  without  prejudice  to  the  responsibility  established  in 
No.  2  of  decree  2009  of  December  15,  1914.  The  deposit  will  be 
restored  on  presentation  of  a  certificate  attesting  the  arrival  of 
the  vessel  at  its  declared  destination  in  a  proper  time,  which  in 
each  case  the  maritime  authority  will  determine.  This  same 
authority  will  fix  the  conditions  which  the  certificate  should 
fulfill. 

Reply  of  the  Government  of  Chile  to  the  Minister  of  Great  Britain 
at  Santiago  in  reference  to  the  request  of  the  British  Govern- 
ment for  the  admission  in  Chilean  ports  of  merchant  vessels 
armed  for  defense.  July  7,  1915. 

[Rev.  Gen.,  Doc.  23 :  24.] 

SANTIAGO,  July  7,  1915. 

SIR  :  I  have  had  the  honor  of  receiving  the  note  of  your  legation 
dated  June  18  last  in  which  your  excellency  desires  to  inform  me 
that  the  first  British  merchant  vessel  armed  for  defense  is  ready 
to  leave  England  for  Chile  and  that  vessels  in  the  same  condition 
carry  on  commerce  regularly  with  Argentina,  Brazil,  Uruguay, 
United  States,  and  Spain.  Your  excellency  adds  that  conform- 
ably to  the  rules  of  international  law  in  force  every  merchant 
vessel  has  the  right  to  defend  itself  when  attacked,  without  the 
means  with  which  it  is  provided  for  that  purpose  modifying  its 
"  status "  as  a  merchant  vessel  which  is  that  under  which  it 
sails;  and  that  consequently  the  rules  which  govern  auxiliary 
vessels  of  a  fleet  can  not  be  applied  to  it. 

Since  the  outbreak  of  the  European  conflict  the  Government 
of  Chile  has  endeavored  to  adopt  all  measures  which,  being  com- 


Status  of  Armed  Merchant  Vessels.  31 

patible  with  its  neutrality,  permit  it  to  continue  its  commerce 
with  the  European  countries.  In  accordance  with  these  inten- 
tions I  indicated  to  your  excellency  on  the  15th  of  March  last 
that  my  Government  saw  no  inconvenience  in  admitting  into  its 
ports  in  the  quality  of  merchant  vessels,  vessels  which  had  been 
auxiliaries  of  the  belligerent  naval  forces  and  which  had  subse- 
quently resumed  their  character  of  merchant  vessels  so  long  as 
they  fulfilled  certain  conditions  guaranteeing  the  sincerity  of 
their  new  conversion. 

My  Government  is  inspired  to-day  by  the  same  standard  for 
settling  the  question  which  your  excellence  wishes  to  propose  to 
it  in  the  note  to  which  I  reply. 

The  Chilean  ports  will  receive  merchant  vessels  armed  for 
defense  when  the  respective  Governments  previously  communicate 
to  us  the  name  of  the  vessel  which  travels  under  these  conditions 
and  also  the  route,  roll  of  crew,  list  of  passengers,  and  cargo,  as 
well  as  the  management  and  the  armament  of  the  vessel,  demon- 
strating that  it  is  in  reality  a  question  of  a  merchant  vessel 
which  is  not  intended  to  carry  on  hostile  acts  nor  to  cooperate 
in  the  warlike  operations  of  enemy  fleets. 

If  an  armed  merchant  vessel  arrives  without  this  previous 
notice  of  the  Government,  it  will  be  considered  and  treated  as 
suspicious.  If,  violating  their  declaration,  these  vessels  engage 
in  operations  of  war  against  other  merchant  vessels  without  de- 
fense they  will  be  forthwith  considered  and  treated  as  pirates, 
since  the  Government  of  the  country  under  whose  flag  they  fly 
will  have  formally  declared  their  exclusively  commercial  char- 
acter by  not  incorporating  them  into  its  fleet  of  war. 

ALEJANDRO  LntA. 

CHINA. 

Presidential  mandate  on  the  observance  of  neutrality  during  the 
European  war. 

[Peking  Gazette,  Friday,  Aug.  7,  1914.] 

PEKING,  August  6,  1914- 

THE  DECLABATION. 

Whereas  we  are  happily  at  peace  with  all  sovereigns,  powers, 
and  states; 

And  whereas  a  state  of  war  unhappily  exists  between  Austria- 
Hungary  and  Serbia,  thereby  involving  many  other  European 
powers  in  a  state  of  war ; 

And  whereas  by  faith  of  treaties  of  friendship  and  commerce 
we  are  on  terms  of  friendship  and  amicable  intercourse  with  each 
of  the  powers ; 

And  whereas  the  aforesaid  unhappy  state  of  war  will  seriously 
affect  the  commerce  of  the  Far  East ; 


32  Neutrality  Declaration,  China. 

And  whereas  great  numbers  of  our  citizens  reside  and  carry  on 
commerce  and  possess  property  and  establishments  and  enjoy 
protection  together  with  various  rights  and  privileges  within  the 
dominions  of  each  of  the  aforesaid  powers ; 

And  whereas  we,  being  desirous  of  maintaining  the  peace  of 
the  Far  East  and  of  preserving  to  our  citizens  the  blessings  of 
peace,  which  now  they  happily  enjoy,  are  firmly  purposed  and 
determined  to  maintain  a  strict  and  impartial  neutrality  in  the 
aforesaid  state  of  war  unhappily  existing  between  the  aforesaid 
powers : 

I,  the  President,  therefore  specially  issue  the  enjoined  regula- 
tions for  the  strict  observance  of  neutrality  by  all  our  citizens  in 
accordance  with  the  existing  laws  and  statutes  and  the  law  of 
nations  in  relation  thereto. 

The  field  marshals  and  governors  general  of  all  the  Provinces 
are  hereby  ordered  to  instruct  their  subordinates  diligently  and 
faithfully  to  follow  the  precepts  laid  down  in  international  law 
and  to  maintain  the  friendship  with  all  the  powers  with  whom  we 
are  happily  at  peace. 

PRECEPTS   OF   NEUTBALITY. 

1.  Belligerents  are  not  allowed  to  occupy  any  part  of  the  terri- 
tory or  the  territorial  waters  of  China,  nor  to  commit  an  act  of 
war  therein,  nor  to  make  use  of  any  place  therein  as  a  base  of 
operations  against  their  adversaries. 

2.  Troops  of  any  of  the  belligerents,  their  munitions  of  war  or 
supplies  are  not  allowed  to  cross  the  territory  or  territorial  waters 
of  China. 

In  the  event  of  a  violation,  the  troops  shall  submit  to  the 
Chinese  authorities  to  be  disarmed  and  interned,  and  the  muni- 
tions of  war  and  supplies  shall  be  held  in  custody  until  the 
termination  of  the  war. 

3.  If  belligerent  warships  and  auxiliary  vessels  are  found  in  a 
port  within  the  territorial  waters  of  China  where  they  are  not 
entitled  to  remain,  China  may  order  them  to  disarm  and  detain 
the  officers  and  crew  until  the  termination  of  the  war. 

4.  The  troops  interned  and  the  officers  and  crew  detained  in 
accordance  with  articles  2  and,  3,  respectively,  will  be  supplied,  if 
necessary,  with  food  and  clothing  until  the  termination  of  the 
war.    The  expenses  thus  incurred  shall  be  made  good  by  the 
respective  belligerents. 

5.  Belligerent  warships  or  auxiliary  vessels  which  are  allowed 
by  the  local  authorities  to  remain  within  the  territorial  waters  of 
China  can  remain  there  for  a  period  not  exceeding  24  hours.    If 
they  are  unable  to  depart  for  the  sea  within  this  period  on  account 
of  stress  of  weather,  or  on  account  of  the  fact  that  the  repairs  to 
damage  are  not  completed,  or  of  the  fact  that  they  have  not 
shipped  a  sufficient  quantity  of  necessary  food,  provisions,  and 
fuel  to  enable  them  to  reach  the  nearest  port  of  their  own  country, 


General  Principles.  33 

they  shall  leave  it  to  the  commanders  of  the  Chinese  navy  or  the 
local  authorities  to  consider  an  extension  of  the  time  limit.  They 
must  leave  as  soon  as  the  circumstances  of  the  delay  are  at  an 
end. 

6.  Except  on  account  of  stress  of  weather  or  repairs  to  damage, 
the  number  of  warships  or  auxiliary  vessels  belonging  to  a  bel- 
ligerent which  may  simultaneously  remain  in  one  of  the  ports  or 
roadsteads  of  China  shall  not  be  more  than  three. 

7.  When  warships  or  auxiliary  vessels  belonging  to  several  bel- 
ligerents are  present  simultaneously  in  one  of  the  ports  of  China, 
the  ship  or  vessel  which  arrived  later  can  not  leave  until  24  hours 
after  the  departure  of  the  one  which  arrived  earlier  and  until 
after  the  receipt  of  an  order  to  proceed  from  a  commander  of  the 
Chinese  navy  or  the  local  authorities. 

8.  Belligerent  warships  and  auxiliary  vessels  are  forbidden  to 
revictual  their  supplies  in  the  territorial  waters  of  China  above 
the  peace  standard  or  to  increase  their  fighting  strength. 

9.  Belligerent  warships  or  auxiliary  vessels  are  forbidden  to 
make  captures  in  the  territorial  waters  of  China  and,  except  when 
it  is  absolutely  necessary  on  account  of  stress  of  weather  or 
repairs  to  damage  or  seeking  supplies,  they  are  also  forbidden  to 
bring  a  prize  into  any  of  the  ports  of  China.     They  must  leave  as 
soon  as  the  circumstances  of  their  entry  are  at  an  end.     During 
their  stay  they  are  also  forbidden  to  allow  the  prisoners  of  war 
to  go  on  shore  or  to  sell  the  prize  and  its  contents.    If  belligerent 
warships  or  auxiliary  vessels  do  not  conform  to  the  foregoing  pro- 
vision, China  may  release  the  prize  and  the  prisoners  of  war, 
intern  the  prize  crew,  and  confiscate  the  ship  or  vessel  or  the 
goods. 

Prisoners  of  war  brought  into  the  territory  of  China  by  bel- 
ligerent troops,  as  well  as  those  who  escape  to  China,  will  be 
released  forthwith.  The  troops  who  bring  prisoners  of  war  into 
the  territory  of  China  will  be  interned. 

10.  Articles  3,  5,  6,   and  8  are  not  applicable  to  belligerent 
vessels   of   war   devoted   exclusively   to   scientific,    religious,    or 
philanthropic  purposes. 

11.  Within  the  territory  and  the  territorial  waters  of  China 
belligerents  are  not  allowed  to  form  corps  of  combatants  or  equip 
fighting  vessels  or  open  recruiting  agencies  or  establish  a  prize 
court  or  set  up  a  blockade  of  one  of  the  ports. 

12.  The  guards  attached  to  the  legations  of  the  various  powers 
in   Peking  and  their  troops  stationed   along  the   route  between 
Peking  and  Shanhaikuan  shall  continue  to  conduct  themselves 
so  as  to  conform  to  the  peace  protocol  of  the  25th  day  of  the 
7th  moon  of  the  27th  year  of  Kuang  Hsu,  i.  e.,  September  7,  1901.1 
They  are  not  allowed  to  interfere  with  the  present  war. 

The  foreign  troops  stationed  in  other  parts  of  China  shall  act 
likewise. 


'Malloy,  Treaties,  p.  2006. 
79596—17 3 


34  Neutrality  Declaration,  China. 

Those  who  do  not  conform  to  the  foregoing  provisions  may  be 
interned  and  disarmed  by  China  until  the  termination  of  the 
war. 

13.  Belligerents  are  not  allowed  to  deprive  Chinese  who  reside 
within  their  dominions  of  their  money  or  property  or  force  them 
to  enlist  in  their  military  service.    If  necessary,  China  may  dis- 
patch warships  to  render  them  protection  or  to  take  them  out  of 
the  country. 

14.  The  fact  of  China  using  various  means  to  resist  an  attempt 
of  a  belligerent  to  violate  these  articles  of  neutrality  can  not 
be  regarded  as  a  hostile  act. 

15.  Chinese  citizens  within  the  territory  and  territorial  waters 
of  China  are  not  allowed  to  proceed  to  a  belligerent  power  to 
enlist  in  its  military  service  or  as  a  member  of  the  crew  of  one 
of  its  warships  or  auxiliary  vessels.     Nor  are  they  allowed  to 
participate  in  the  war. 

16.  Within  the  territory  and  the  territorial  waters  of  China 
no  person  is  allowed  to  arm  and  equip  for  a  belligerent  or  furnish 
ships  or  stores  and  military  supplies,  such  as  shots  and  cartridges, 
gunpowder,  saltpeter,  arms,  etc.,  for  the  purpose  of  performing 
acts  of  war  or  making  captures.    Nor  are  they  allowed  to  supply 
any  of  the  belligerents  with  funds. 

17.  Within  the  territory  and  the  territorial  waters  of  China 
no  person  is  allowed  to  carry  on  the  work  of  espionage  for  any 
of  the  belligerents,-  or  prepare  dispatches  concerning  the  oper- 
ations of  the  war  on  its  behalf. 

18.  Without  the  permission  of  a  commander  of  the  army  or  the 
navy  or  the  local  authorities  no  person  within  the  territory  or 
territorial  waters  of  China  is  allowed  'to  sell  coal,  fuel,  or  food 
provisions   to  the  troops  or  any   of  the  warships   or   auxiliary 
vessels  of  the  belligerents. 

19.  Without  the  permission  of  the  local  authorities  no  person 
within  the  territory  and  the  territorial  waters  of  China  is  allowed 
to  repair  or  load  or  unload  a  prize  on  behalf  of  a  belligerent,  nor 
to  sell,  exchange,  accept  as  a  gift,  or  keep  in  custody  the  prize 
and  all  the  belongings  taken  as  prize. 

20.  Chinese  ships  and  all  persons  on  board  them  shall  observe 
the  regulations  in  force  at  any  port  effectively  blockaded  by  one  of 
the  belligerents  and  must  not  carry  contraband  of  war  or  forward 
military  despatches  or  transport  goods  for  one  of  the  belligerents 
or  commit  other  acts  in  violation  of  the  laws  of  war. 

21.  Any  person  within  the  territory  or  the  territorial  waters  of 
China  who  violates  these  articles  of  neutrality,  if  he  is  a  Chinese, 
will  be  punished  in  conformity  with  the  laws  and  ordinances,  and 
the  goods  confiscated ;  if  he  is  a  foreigner  he  will  be  dealt  with  in 
accordance  with  treaty  and  the  law  of  nations. 

22.  Chinese  citizens  who  violate  the  laws  of  war  and  are  cap- 
tured by  a  belligerent  will  be  left  to  be  dealt  with  by  its  courts  in 
accordance  with  the  law  of  nations.    If  the  capture  by  the  bel- 
ligerent is  illegal,  it  shall  indemnify  any  loss  or  injury. 


Supplies  to  Vessels.  35 

23.  Belligerents  are  not  allowed  to  detain  the  arms  or  contra- 
band of  war  carried  by  Chinese  vessels  between  Chinese  ports  or 
for  or  from  another  neutral  country.     The  ordinary  commercial 
goods  carried  by  Chinese  vessels  and  belonging  to  a  belligerent, 
as  well  as  all  goods  belonging  to  China  .and  carried  in  belligerent 
vessels,  shall  be  allowed  to  pass  to  and  fro  without  let  or  molesta- 
tion. 

All  belligerents  shall  recognize  and  give  effect  to  the  passports 
and  certificates  issued  by  China. 

24.  The  cases  not  provided  for  in  the  present  articles  will  l»» 
dealt  with  by  China  in  accordance  with  the  convention  respecting 
the  rights  and  duties  of  neutral  powers  and  persons  in  case  or  war 
on  land  and  the  convention  concerning  the  rights  and  duties  ot 
neutral  powers  in  naval  war,  concluded  between  China  and  the 
other  powers  at  The  Hague  in  1907. 

COLOMBIA. 

Resolution  of  the  Colombian  Government  relative  to  the  supplies 
which  may  be  delivered  to  vessels  of  war  and  merchant  vessels 
of  belligerent  States  in  Colombian  ports.  August  13, 


[Republico  de  Colombia,   Informe  del  Minlsterlo  de  Relaciones  Exteriores 
al  Congreso  de  1915,  p.  169.] 

MINISTRY  OF  FOREIGN  RELATIONS. 

Bogota,  August  13,  1914- 

In  view  of  the  war  at  present  being  waged  between  various 
European  powers  ; 

In  view  of  the  notification  and  communications  relating  to  the 
clearance  of  vessels  which  some  of  these  powers  have  made  to  the 
Government  of  the  Republic  by  the  intermediary  of  their  legations 
in  this  city  ; 

Considering  the  duties  imposed  on  the  Colombian  Government 
by  its  neutrality  in  reference  to  the  belligerent  States,  and 

Considering  the  theory  followed  on  this  subject  by  this  min- 
istry, which  is  a  result  of  the  conduct  pursued  by  the  Colombian 
Government  in  the  wars  of  1879  between  Chile,  Peru  and  Bolivia  ; 
of  1891  between  the  Government  of  Chile  and  the  insurrection 
which  had  arisen  against  it  ;  and  of  1898  between  Spain  and  the 
United  States  of  America  ; 

It  is  resolved  as  follows: 

The  governors  of  the  Departments  of  Narino,  Canca,  El  Valle, 
Bolivar,  Atlantico,  and  Magdalena  will  take  for  guidance  on  the 
subject  of  the  clearance  of  merchant  vessels  or  vessels  of  war  of 
the  belligerent  nations  the  following  rules  which  will  be  trans- 
mitted to  the  authorities  of  the  respective  ports,  to  wit: 

1.  To  prevent,  by  using  due  diligence,  the  shipment  of  arms, 
munitions,  and  other  materials  of  war  in  the  vessels  of  any  of  the 
belligerent  squadrons. 


36  Neutrality  Resolutions,  Colombia. 

2.  To  prevent  the  shipment  of  the  same  articles  on  merchant 
vessels  if  an  authorized  agent  has  declared  the  cargo  to  be  des- 
tined for  the  forces  carrying  on  military  operations. 

3.  To  prevent  the  loading  of  coal  in  vessels  of  the  squadron 
itself  unless  it  is  proved  that  the  vessel  is  unprovided  with  coal 
and  that  it  should  receive,  in  order  to  fill  up  its  bunkers,  only 
the  quantity  of  coal  strictly  necessary  for  reaching  the  nearest 
foreign  port. 

4.  To  permit  vessels  of  war  to  provide  themselves  with  pro- 
visions and  other  articles  not  arms,  munitions,  coal,  and  other 
materials  of  war. 

The  standard  to  which  the  regular  practice  in  this  matter  is 
referred  is  the  exact  definition  of  that  which  should  be  signified 
by  contraband  of  war.  The  primary  notion  of  contraband  in- 
cludes only  articles  which  by  their  nature  are  intended  for  a  war- 
like use.  There  is  also  occasionally  included  as  contraband, 
articles,  the  classification  of  which  can  not  be  determined  in  a 
resolution  like  the  present.  The  development  of  commerce  and 
means  of  war  may  give  the  character  of  occasional  contraband 
to  objects  which  formerly  did  not  have  this  character.  In  this 
case  the  respective  authorities  will  consult  the  Minister  of  For- 
eign Relations,  in  other  cases  they  will  act  conformably  to  the 
admitted  rules  which  impart  the  idea  that  articles  of  contraband 
are  restricted  to  articles  which  by  themselves  serve  for  the  con- 
duct of  war. 

The  present  resolution  has  a  provisional  character.  It  will  be 
applied  until  a  more  profound  study  of  the  principles  and  motives 
on  which  it  is  based  shall  have  introduced  modifications. 

It  should  be  transmitted  by  telegraph  to  the  governments  of 
Narino,  Canca,  El  Valle,  Bolivar,  Atlantico,  and  Magdalena. 

Published  in  the  Journal  Officiel. 

By  His  Excellence  the  President  of  the  Republic. 

The  Minister  of  Foreign  Relations, 

MARCO  FIDEL  SUAREZ. 

Addition  to  the  resolution  of  August  13,  1914,  on  neutrality  in  ref- 
erence to  the  clearance  of  vessels,  especially  in  the  matter  of 
radiotelegraphy.  August  22,  1914- 

[Republico  de  Colombia,  Informe  del  Minlsterlo  de  Relaciones  Exteriores 
al  Congreso  de  1915,  p.  171.] 

MINISTRY  OF  FOREIGN  RELATIONS^ 

Bogota,  August  22,  1914. 

Considering  that  at  the  Second  Conference  of  The  Hague  in 
1907,  the  contracting  nations  have  indicated  among  the  obliga- 
tions of  neutral  states  that  of  preventing  in  their  waters  the 
use  of  rnrtio  stations  installed  on  vessels  of  belligerent  nations 


Radiotelegraphy.  37 

and  of  preventing  the  clearance  of  merchant  vessels  which  have 
been  armed  for  war  on  the  high  seas ; 

Considering  that  the  representatives  of  Colombia  have  sub- 
scribed to  thesr>  provisions ;  and 

Considering  that,  although  the  provisions  of  the  conference 
cited,  to  which  the  Republic  adhered,  have  not  yet  been  ap- 
proved by  the  Colombian  Congress,  these  provisions  form,  never- 
theless, a  true  theory  as  respectable  by  its  origin  as  by  its  clear 
foundation ; 

It  is  resolved  as  follows: 

The  following  additions  are  made  to  the  resolution  of  August 
13,  1914,  of  this  ministry  on  neutrality  in  reference  to  the  clear- 
ance of  vessels ; 

The  authorities  of  the  maritime  ports  of  the  Republic  will 
notify  vessels  of  the  nations  at  war  that  they  are  not  permitted, 
so  long  as  in  Colombian  waters,  to  use  their  radio  installations, 
which  should  be  dismantled  during  the  time;  and  that  in  the 
same  circumstances  no  preparation  can  be  made  for  converting 
merchant  vessels  into  vessels  of  war  on  the  high  seas. 

Let  this  resolution  be  communicated  to  the  governors  of  Narino, 
Canca.  El  Valle,  Bolivar.  Atlantico,  and  Magdalena. 

Published  in  the  Journal  Offlciel. 

By  His  Excellency  the  President  of  the  Republic. 

The  Minister, 

MARCO  FIDEL  SUAREZ. 

Resolution,  additional  to  those  of  August  13  and  22,  1914,  on  the 
neutrality  of  the  Republic  of  Colombia  in  the  present,  war 
betioeen  various  powers,  especially  in  reference  to  radioteleg- 
raphy.  September  1,  1914- 

[Republico  de  Colombia,  Informe  del  Ministerio  de  Relacioncs  Exteriores 
al  Congreso  de  1915,  p.  172.] 

MINISTRY  or  FOREIGN  RELATIONS, 

Bogota,  September  1,  1914- 
Considering: 

,  1.  That  according  to  article  7  of  the  contract  made  July  19, 
1911,  between  the  ministry  of  the  Government  and  the  United 
Fruit  Co.  (Compagnie  Frutera  Unidos)  the  radio  service  of  the 
company  to  Santa  Marta  should  be  absolutely  neutral  in  case 
of  war; 

2.  That  conformably  to  article  45  of  the  contract  made  between 
the  ministry  of  the  Government  and  the  radio  company  the  radio 
service  of  the  company  to  Cartagena  is  submitted  in  case  of  for- 
eign or  internal  war  to  the  supervision  and  the  preventive  cen- 
sorship of  the  local  authorities; 

3.  That,  even  in  cases  where  there  does  not  exist  similar  for- 
mal and  special  provisions  by  the  fact  alone  that  the  installations 
of  radio  telegraphs  in  Santa  Marta  and  Cartagena  are  in  Colom- 


38  Neutrality  Resolutions,  Colombia. 

bian  territory  and  furthermore  on  territory  which  is  the  prop- 
erty of  the  Government,  the  respective  companies  which  are  usu- 
fructs or  possessors  of  these  installations  are  bound  to  respect 
and  not  to  compromise  the  neutrality  of  the  Republic ; 

It  is  decreed: 

The  radio  station  of  Santa  Marta  and  the  radio  station  of 
Cartagena,  so  long  as  the  present  war  between  various  nations 
lasts,  and  by  this  fact  itself,  the  rights  and  duties  of  Colombia 
as  a  neutral  state  will  be  in  force,  can  not  be  put  in  use  without 
a  strict  observance  of  the  provisions  of  article  7  of  the  contract 
of  July  19,  1911,  and  of  article  45  of  the  contract  of  May  11, 
1912.  Consequently  the  use  of  these  stations  will  be  submitted 
to  the  supervision  and  the  censorship  of  the  authorities  of  Santa 
Marta  and  Cartagena  in  such  a  manner  that  no  communications 
capable  of  being  considered  as  having  a  military  character  or  as 
favoring  operations  of  war  may  be  sent  or  transmitted. 

Let  this  decree  be  communicated  by  telegram  to  the  governors 
of  Magdalena  and  Bolivar  with  mention  of  urgency,  recommend- 
ing that  they  acknowledge  receipt  by  telegram  and  immediately 
publish  measures  such  that  the  decree  may  receive  a  prompt  and 
complete  effect. 

Published  in  the  Journal  Officiel. 

By  His  Excellency  the  President  of  the  Republic. 

The  Minister, 

MAECO  FIDEL  SUAKEZ. 

Resolution  additional  to  those  of  August  IS  and  22  and  September 
1,  1914,  on  the  neutrality  of  the  Republic  of  Colombia  in  the 
present  war  between  various  powers,  especially  in  reference  to 
radiotelegraph^.  September  11,  1914. 

[Republica  de  Colombia,  Informe  del  Mlnisterio  de   Relaclones  Kxterlores 
al  Congreso  de  1915,  p.  173;  Rev.  Gen.,  Doc.  23:28.] 

MINISTRY  OF  FOREIGN  RELATIONS, 

Bogota.  September  11,  1914- 
Considering: 

1.  That,  conformably  to  article  45  of  the  contract  made  May 
11,  1912,  between  the  ministry  of  the  Government  and  the  radio 
company  of  Cartagena,  the  company  in  case  of  foreign  war  is 
under  the  obligation  to  submit  its  service  to  the  supervision  of 
the  local  authorities  and   the  transmission  and   delivery  of  its 
dispatches  to  the  preventive  censorship  of  the  same  authorities ; 

2.  That,  as  is  known,  the  condition  of  a  foreign  war  is  at 
present  being  realized  and  that  consequently  the  obligations  of 
supervision   and  preventive  censorship   exercisable  by   the  local 
atithorities  are  in  effect  for  the  company ; 

3.  That,    according   to   the   indications   of   the   government   of 
Cartagena,  this  supervision  and  preventive  censorship,  to  be  effec- 
tive, requires  the  cooperation  of  experts  with  the  necessary  quali- 


Radiotelegraphy.  39 

fications  of  ability  and  of  neutrality  demanded  by  the  existing 
circumstances ; 

4.  That  at  this  time  there  are  not  at  hand  experts  who  combine 
such   qualifications,   which   renders   it   impossible   to   accomplish 
the  functions  which   the  contract  has   imposed  upon  the  local 
authorities ; 

5.  That,   for   this  reason,   the  Government   has  received  some 
complaints   and   reclamations   against   the   transmission   of   dis- 
patches at  the  radio  station  of  Cartagena,  complaints  and  rec- 
lamations founded  on  the  fact  that  the  radio  company  has  dis- 
regarded the  neutrality  of  the  Republic  in  the  war  carried  on  by 
various  States ; 

/*  is  resolved: 

The  service  of  the  radio  station  of  Cartagena  is  temporarily 
suspended  until,  by  virtue  of  the  cooperation  of  suitable  experts, 
the  supervision  and  preventive  censorship  of  the  local  authorities 
may  be  realized  in  the  service  of  the  station  and  in  the  trans- 
mission and  delivery  of  its  dispatches.  As  soon  as  suitable  ex- 
perts can  be  employed,  who  will  render  possible  the  preventive 
censorship  and  in  this  manner  the  neutrality  of  the  Republic  will 
in  a  measure  be  clearly  guaranteed,  the  station  can  resume  its 
service  by  submitting  to  the  obligatory  censorship  and  super- 
vision. 

The  governor  of  Cartagena  in  notifying  this  decision,  will  also 
warn  the  radio  company,  conformably  to  article  18  of  the  contract 
of  May  11,  1912,  that  the  nonaccomplishment  of  article  15  or  of 
any  of  the  stipulations  of  the  contract  will  give  the  Government 
the  right  to  declare  the  contract  void  by  administrative  action. 

Communicated  by  emergency  telegram  to  the  government  of 
Cartagena. 

Published  in  the  Journal  Offlciel. 

By  His  Excellency  the  President  of  the  Republic. 

The  Minister, 

MARCO  FIDEL  SUAKEZ. 

Circular  of  the  Minister  of  Foreign  Relations  of  Colombia  to  the 
editors  of  periodical  publications  in  Colombia  on  the  subject  of 
the  neutrality  tchich  the  press  should  observe  in  the  present 
war.  November  27,  1'914- 

[Republica  de  Colombia,  Informe  del  Mlnlsterio  de  Relaclones  Exterlores 
al  Congreso  de  1915,  p.  119 ;  Rev.  Gen.,  Doc.  23 :  31.] 

MINISTRY  OF  FOREIGN  RELATIONS, 

Bogota,  November  27,  1914. 

MR.  EDITOR  :  The  gigantic  war  which  has  for  four  months  deso- 
lated various  nations  and  afflicted  the  world  affects  not  only  the 
belligerents  but  creates  very  delicate  and  grave  duties  for  neu- 
trals. From  first  to  last  civilized  peoples  all  meet  in  neutrality 
occasions  for  fear  and  annoyance  because  of  the  importance  of 
their  duties  as  well  as  because  of  the  dangers  which  nonobserv- 


40  Neutrality  Resolutions,  Colombia. 

ance  of  these  duties  may  bring  in  the  shape  of  possible  future 
reclamations. 

When  our  Government  spoke  for  the  first  time  of  Colombian 
neutrality  in  the  present  war,  certain  writings,  termed  the  offi- 
cial resolutions,  "  ridiculous  acts,"  attributing  to  the  idea  of 
nation  an.  importance  which  it  does  not  have.  These  publicists 
have  without  doubt  forgotten  the  first  rudiments  of  these  ques- 
tions, since  it  is  known  that  all  international  persons,  feeble  or 
powerful,  have  duties  and  rights  in  time  of  peace  or  in  time 
of  war. 

Neutrality  imposes  obligations  primarily  upon  governments, 
their  agents,  and  their  forces,  but  the  civil  society,  that  is  to  say 
the  people,  individuals,  and  associations,  and  the  organs  of  public 
opinion  are  no  longer  in  this  respect  exempt  from  certain  duties. 
Although  the  progress  of  law  to-day  tends  to  limit  war  to  gov- 
ernments and  to  armies  relieving  the  population  from  hostilities, 
neutrality  on  the  contrary  by  virtue  of  analogous  humanitarian 
ideas  tends  to  be  applied  to  the  population  itself  as  well  as  to  the 
authorities.  To-day,  the  public  opinion  of  the  United  States  con- 
ceives of  a  social  neutrality  inspired  not  by  strict  law  but  by 
common  prudence  and  fraternity  and  disposed  to  consider  the 
susceptibilities  of  peoples. 

The  most  fertile  field  of  application  for  this  new  conception  of 
neutrality  is  the  periodical  press.  The  press  can  inflame  the 
opinion  of  a  neutral  society  and  occasion  there  veritable  damages 
by  its  tone  and  its  criticisms.  There  may  result  from  this  de- 
plorable consequences  as  the  injury  of  aliens  domiciled  in  the 
territory,  traditional  friends  of  the  nation  in  which  they  reside, 
bound  to  it  by  the  bonds  of  family  and  useful  to  its  progress  and 
to  its  culture ;  as  offenses  to  powerful  governments  in  the  person 
of  their  rulers  or  their  sovereigns,  who  will  bring  it  about  that 
later  their  governments  will  not  regard  the  country  with  favor, 
although  it  may  have  need  of  them  for  the  development  of  Its 
credit  and  its  commerce ;  as  finally  an  attaint  upon  a  good  public 
reputation,  of  which  a  cultivated  press  is  the  principal  element. 

A  course,  discreet,  correct,  and  moderate  on  the  part  of  the 
periodical  publications  whenever  they  treat  of  facts  relative  to 
the  belligerents  should  be  regarded  as  a  kind  of  duty  for  neutra) 
societies,  although  it  is  a  question  here  of  an  imperfect  duty,  for 
there  is  a  want  of  sanction.  Thus  one  can  not  disapprove,  Mr. 
Editor,  of  the  complaint  which,  under  date  of  the  25th  instant,  his 
excellency  the  minister  of  the  German  Empire  at  Bogota  ad- 
dressed to  this  ministry  against  certain  articles  published  by  the 
press  of  this  capital,  any  more  than  of  the  reply  of  the  minister  to 
his  excellency  indicating  publicly  the  ideas  and  sentiments  ex- 
pressed in  the  present  circular. 

Not  because  the  public  authorities  are  the  only  personalities 
upon  whom  is  incumbent  the  duty  of  showing  neither  favor  nor 
hostility  to  belligerents,  nor  because  impartiality  can  coexist  with 


Circular  to  Press.  41 

sympathies  or  antipathies  more  or  less  definite,  nor  finally  be- 
cause the  liberty  of  the  press  authorizes  in  practice  all  kinds  of 
publications,  ought  one  to  admit  as  proper  the  possibility  for  the 
press  to  take' no  account  of  truth,  courtesy,  and  good  will. 

Absolute  liberty  of  the  press  does  not  nullify  the  duty  here  in 
question.  If  to-day  it  has  begun  to  be  recognized  that  culture, 
truth,  and  good  will  are  imposed  on  periodicals  from  the  point  of 
view  of  neutrality,  that  is  to  say,  that  such  practices  are  becom- 
ing a  duty  between  nations,  and  if  international  law  constitutes 
a  part  of  the  law  of  a  country,  it  clearly  results  that  these  rules 
of  propriety  should  impose  an  obligation  upon  the  most  free  press. 

The  fact  that  neutrality  can  coexist  with  sympathy  no  longer 
justifies  the  doctrine  which  we  combat. 

Sympathy  is  a  thing,  just  and  indeed  necessary,  for  a  state  of 
absolute  indifference  is  impossible  for  the  spirit  or  for  the  soul. 
But  sympathies  and  antipathies  can  be  expressed  in  the  reason- 
able form  of  truth,  in  the  respectful  form  of  courtesy,  and  in  the 
Christian  form  of  good  will. 

It  is  no  longer  true  to  say  that  once  the  Government  has  offi- 
cially observed  impartiality,  associations,  individuals,  and  the 
press  can  express  themselves  .as  they  please,  for  we  have  seen  that 
such  an  attitude  may  wound  aliens  domiciled  •  in  the  country, 
occasion  the  hostility  with  all  its  injurious  consequences  of 
powerful  governments,  tarnish  the  good  reputation  of  the  country 
itself. 

A  proof  of  the  truth  of  the  preceding  reflections  is  found  in 
some  passages  of  the  famous  speech  delivered  on  September  9 
by  Senator  Stone,  chairman  of  the  Committee  on  Foreign  Rela- 
tions of  the  Senate  of  the  United  States : 

Another  thing  to  which  I  desire  to  call  especial  attention  and  empha- 
size is  the  partisan  attitude  being  assumed  hy  many  of  the  great  publica- 
tions of  this  country.  Knowing  how  potent  these  publications  can  he  in 
creating  public  opinion  and  in  fomenting  factional  strife,  it  is  natural 
that  those  upon  whom  the  responsibilities  of  government  are  cast  should 
look  upon  this  particular  phase  of  partisanship  with  deep  solicitude  and 
apprehension.  The  managers  of  these  great  publications,  even  far  more 
than  individual  citizens  in  more  private  walks,  should  be  very  mindful 
of  the  patriotic  duty  they  owe  their  own  country  in  this  great  emergency. 
It  is  a  source  of  profound  regret  that  so  many  influential  journals  and 
periodicals  are  beginning  to  take  sides  in  this  mighty  contest,  and  are 
beginning  not  only  to  express  their  sympathies  for  the  one  side  or  the 
other,  but  to  indulge  in  harsh  criticism  and  sometimes  in  denunciations 
of  the  Governments  and  the  armies  of  those  with  whom  they  are  not  in 
accord.  This  is  not  only  hurtful  at  home  in  exciting  animosities  among 
our  own  people,  but  it  creates  bad  impressions  and  arouses  hot  resent- 
ments abroad ;  and  moreover  it  should  be  manifest  to  every  man  that 
this  sort  of  thing  works  estrangements  and  makes  free  and  cordial 
intercourse  between  this  Government  and  the  Governments  of  the  nations 
at  war  more  difficult  and  embarrassing.  How  can  any  patriotic  and 
right-thinking  American  forget  that  ours  is  the  only  one  of  the  great 
world  powers  holding  the  enviable  but  delicate  position  of  absolute  neu- 
trality? To  that  policy,  founded  upon  the  love  of  peace  and  springing 
from  an  honest  desire  to  be  of  service  to  mankind,  we  are  pledged  by  the 
most  solemn  assurance,  and  to  a  strict  observance  of  that  pledge  we  are 
bound  by  every  consideration  of  national  interest  and  honor.  It  is 


42  Neutrality  Resolutions,  Colombia. 

amazing  that  great  editors  and  publishers  should  so  forget  the  supreme 
duty  they  owe  to  their  own  Government  as  to  become  callous  about  and 
thoughtless  of  the  Nation'3  plighted  faith,  and  to  indulge  in  vituperative 
attacks  upon  the  rulers  or  the  Governments  of  any  of  the  belligerent 
powers,  or  seek  to  arouse  against  any  of  them  a  hostile  public  sentiment 
in  this  country.1 

Nothing  is  more  natural  than  to  give  information  on  the 
progress  of  a  conflict  which  interests  us  much,  as  it  interests  all 
people;  but  this  information,  far  from  augmenting  the  feelings  to 
which  the  existence  of  any  struggle  naturally  gives  birth,  should 
tend  to  develop  the  views  which  we  formulate  in  order  that  con- 
cord may  replace  hate  and  in  order  that  there  may  be  an  end  to  a 
warlike  devastation,  the  greatest  in  which  man  has  yet  taken 
part.  Thus  commands  justice,  interest,  and  the  spirit  of  religion ; 
thus  persuades  the  conditions  of  the  States  in  conflict.  How 
much  is  it  to  be  desired  that  a  state  of  peace  and  progress  be 
reestablished  for  all  of  them?  Belgium,  the  fine  nation  of  industry 
and  social  well  being  merits  more  than  any  other  people  that  such 
a  wish  be  realized.  France  merits  it  also,  for  she  is  the  organ 
par  excellence  of  the  civilization  of  the  world.  England,  the 
same,  by  reason  of  the  services  which  she  has  rendered  for  centu- 
ries to  the  liberty  of  peoples.  The  German  Empire  equally  merits 
it,  for  her  powerful  culture  in  which  is  combined  science,  commerce, 
industry,  public  instruction,  and  domestic  morality;  Austria  for 
the  prestige  of  the  Holy  Empire  which  the  diverse  elements  of 
her  nationality  entails ;  Russia,  because  some  day  to  the  grandeur 
of  her  territory  will  be  added  the  grandeur  of  social  and  political 
reforms.  The  same  wish  corresponds  to  our  ardent  desire  that 
there  be  an  end  to  a  war  which  already  overwhelms  us  by  the 
fatality  of  its  consequences  and  which  each  day  renders  more 
injurious  to  us. 

If  you  wish,  Mr.  Editor,  to  interpret  faithfully  the  feelings  of 
this  circular,  elaborated  according  to  the  instructions  of  the 
Republic,  you  must  see  in  it  not  the  need  of  acting  as  a  school- 
master, but  the  intention  of  preventing  for  the  Government  the 
difficulties  of  complaints  and  the  desire  to  render  peace  so  effec- 
tive in  our  territory  that  its  wings  will  cover  even  the  manifesta- 
tions relating  to  the  modest  neutrality  of  our  fatherland. 

I  have  the  honor  to  be  your  respectful  servant  and  compatriot, 

MAKCO  FIDEL  SUAREZ. 

Resolution  by  which  the  radio  station  of  Cartagena  is  closed  dur- 
ing the  European  war.    December  5,  1914- 

[Republica  de  Colombia,  Informe  del  Ministerio  de  Relaclones  Exteriores 
al  Congreso  de  1915,  p.  116.] 

MINISTRY  OF  FOREIGN  RELATIONS, 

Bogota,  December  5,  1914- 

Considering  that  in  article  15  of  the  contract  made  May  23, 
1912,  between  the  ministry  of  the  Government  and  the  radio  com- 


1  Congressional  Record,  51 :  14853. 


Radio  Censorship.  43 

pany  at  Cartagena  (Gesellschaft  fur  Drathlose  Telegraphic, 
M.  B.  H.)  it  is  stipulated  that  in  case  of  foreign  war  the  radio 
station  can  function  under  the  inspection  and  the  censorship  of 
the  Government,  the  object  obviously  being  to  assure  the  neutral- 
ity of  the  Republic  in  relation  to  the  belligerents ; 

Considering  that,  in  the  first  days  of  the  European  war,  care 
was  taken  to  establish  the  inspection  and  the  censorship  stipu- 
lated in  the  contract,  but  that  later  it  became  clear  that  these 
measures  would  not  be  satisfactory  because  of  the  lack  of  com- 
petent experts  effectively  representing  the  Government  in  order 
to  give  assurance  that  the  station  will  neither  receive  nor  trans- 
mit messages  capable  of  violating  the  territorial  neutrality  of 
Colombia ; 

Considering  that  by  reason  of  this  circumstance  the  radio  sta- 
tion of  Cartegena  has  been  provisionally  closed  until  a  competent 
technician  has  been  found  to  exercise  the  supervision  and  censor- 
ship of  the  radiotelegraph ; 

Considering  that,  subsequently,  the  technician  desired  was 
found  and  that(  a  contract  was  made  with  him  requiring  a 
monthly  remuneration  of  1,200  pesos  in  gold,  charged  to  the  Gov- 
ernment, and  that  his  presence  at  Cartagena  and  his  supervision 
of  the  station  has  been  constant,  in  such  a  manner  that  no  mes- 
sages have  been  received  or  transmitted  without  the  interpreta- 
tion of  the  censor,  and  for  this  reason  it  was  ordered  that  only 
messages  in  the  Spanish,  English,  or  French  languages  would  be 
allowed  and  that  the  use  of  any  cipher  whatsoever  would  be 
prohibited : 

Considering  that  the  supervision  and  the  censorship  to  which 
the  Government  has  a  right  by  virtue  of  the  contracts  cited  and 
to  which  it  was  obligated  by  reason  of  its  duties  of  interna- 
tional neutrality  having  been  established  in  this  manner,  the 
legation  of  Great  Britain  has  asked  that  the  German  employees 
be  excluded  from  the  radio  station; 

Considering  that,  in  spite  of  the  fact  that  the  censorship  exer- 
cised by  means  of  the  technician  named  for  this  work  has  been 
constant  and  has  prevented,  in  the  opinion  of  the  Government,  all 
messages  contrary  to  neutrality,  the  Government,  at  the  depart- 
ure of  the  inspector  of  the  station  which  was  closed,  wished 
finally  to  follow  in  the  circumstances  the  practice  which  the 
Government  of  the  United  States  would  adopt,  and  with  this 
object  obtained  the  necessary  information ; 

Considering  that  consequently  it  has  been  ordered  to  exclude 
absolutely  from  all  employment  or  from  all  business  in  the  radio 
station  every  employee,  German  or  belonging  to  any  other  nation- 
ality engaged  in  the  present  European  conflict,  the  measure  being 
notified  in  sufficient  time  to  those  interested  by  the  governor  of 
Cartagena  : 

Considering  that,  by  reason  of  the  closing  of  the  station  at 
this  time  on  account  of  an  injury  to  the  apparatus  and  of  the 


44  Neutrality  Resolutions,  Colombia. 

absence  of  the  censor  inspector  who  has  been  replacing  the 
commission  relative  to  neutrality  on  the  coasts  of  Darien,  it  has 
not  been  necessary  to  name  the  controller,  who,  in  the  pay  of  this 
Government,  should  audit  the  accounts  of  radiotelegraphy  in 
order  to  pay  them  periodically  to  the  company ; 

Considering  that  the  resolution  of  the  Government  having  been 
notified  to  the  representative  of  the  Telefunken  Co.  at  Bogota, 
the  legation  of  the  German  Empire  in  this  city  declared  by  a 
note  of  this  day  that  the  company  saw  no  objection  to  closing 
the  station,  to  count  from  this  day  until  the  end  of  the  war 
which  has  given  rise  to  the  present  situation  of  neutrality,  and 
that  it  would  demand  of  the  Government  no  indemnity  for  the 
time  during  which  the  inactivity  of  the  radio  station  might  last, 
all  this  being  considered  as  an  act  of  spontaneous  solicitude  on 
its  part; 

It  is  resolved  as  follows: 

The  ministry  accepts  in  the  name  of  the  Government  the  dec- 
laration made  by  his  excellency,  Dr.  Kracker  von  Schwartzen- 
feldt,  envoy  extraordinary  and  minister  plenipotentiary  of  the 
German  Empire,  in  a  note  of  this  day,  and  in  the  name  of  the 
radio  company  of  Cartagena,  by  which  the  said  company  is  said 
to  desire  the  closure  of  the  station,  renouncing  all  claims  for 
the  lucrum,  cessans.  The  Government  is  pleased  to  recognize  the 
spirit  of  friendship  and  justice  which  this  declaration  indicated. 

The  necessary  instructions  will  be  transmitted  to  the  governor 
of  Cartagena,  so  that,  agreeably  to  the  representatives  of  the 
company  at  the  above-mentioned  stations,  this  will  be  closed 
and  the  apparaus  put  in  a  place  of  security  in  such  a  manner 
that  it  will  not  suffer  deterioration  or  damage  by  reason  of  non- 
usage  during  the  time  of  closure,  and  that  all  the  other  acts, 
which  in  view  of  the  local  and  special  circumstances  are  neces- 
sary for  the  efficiency  of  the  closure  and  for  preventing  all  dam- 
ages to  those  interested,  may  be  executed. 

Published  in  the  Journal  Officiel. 

By  His  Excellency  the  President  of  the  Republic. 

The  Minister, 

MARCO  FIDEL  SUAREZ. 

Resolution    additional    to    those    relating    to    radio    stations    in 
Colombian  territory.    July  14,  1915. 

[Republica  de.  Colombia,  Informe  del  Mlnisterio  de  Relaciones  Exteriores 
al  Congreso  de  1915,  p.  188.] 

I 

MINISTRY  OF  FOREIGN  RELATIONS, 

Considering: 

I.  That  in  Colombian  territory  there  are  at  present  estab- 
lished a  radio  station  situated  at  Cartagena  belonging  to  a 
German  company,  a  station  at  San  Andres  de  Providencia,  the 


Radio  Stations.  45 

object  of  a  contract  between  the  Government  and  a  German 
company  and  which  has  been  admitted  by  the  respective  authori- 
ties; finally,  a  station  at  Santa  Marta  which  is  the  property  of 
a  company  of  the  United  States; 

2.  That  the  station  at  Cartagena  has  been  closed  voluntarily 
by  its  proprietors  and  possessors  since  the  first  days  of  Decem- 
ber, 1914,  following  an  official  note  of  the  honorable  legation  of 
the  German  Empire  in  this  city  of  the  5th  of  the  said  month ; 
'  3.  That  the  station  at  San  Andres,  although  the  property  of 
the  Colombian  Government,  has  not  remained  continuously  in 
operation  and  that  it  has  been  closed  by  order  of  the  Ministry 
of  the  Government  in  view  of  the  impossibility  of  finding  a  neu- 
tral expert  who  can  look  after  its  service  in  a  permanent 
manner ; 

4.  That  the  station  at  Santa  Marta  is  to-day  in  activity  and 
offering  its  service  to  commerce  and  to  the  public  in  accord  with 
its  rights  and  rules ; 

5.  That  in  Colombian  ports  of  the  Atlantic  there  have  been 
and   at  present  are  merchant  vessels  of  belligerent   nationality 
whose  radio  apparatus  has  been  rendered  incapable  of  service 
on  the  order  of  the  authorities  of  the  Republic ; 

6.  That  the  station  of  Cartagena,  since  it  has  been  closed,  has 
remained  materially  incapable  of  operation  because  of  the  means 
taken   for   preventing   its   use,   and   has   also   remained   morally 
incapable  of  being  employed  as  a  consequence  of  the  declaration 
made    voluntarily    by    his    excellency    the    German    minister    at 
Bogota ; 

7.  That,  in  spite  of  these  measures  ordered  from  the  beginning 
and  others  adopted  later,  for  example,  those  relating  to  the  an- 
tennae  of   apparatus   which   have   been   brought   down   and   sur- 
rounded by   water,   the  Government  has  promised   the   legations 
most  interested  in  this  subject  to  increase  the  precautions  for  the 
protection  of  its  neutrality  to  the  end  of  assuring  so  far  as  possi- 
ble the  rights  of  belligerents  as  well  as  its  own  duties  and  rights ; 

8.  That  to  this  end,  apart  from  the  constant  vigilance  exercised 
by  the  authorities  of  Cartagena  and  by  the  official  expert  who 
represents  the  Government,  conformably  to  the  contract  of  Sep- 
tember 17,   1914,   the  above-mentioned   station  has  been   studied 
and   its  condition  has  been  investigated  by  two  neutral  foreign 
technicians,  one  a  radio  expert  of  the  vessel  Cnrillo  and  the  other 
a    similar   expert   of   the   vessel    Santa    Marta,   both    of   Anglo- 
American  nationality,  who  have  declared  that  the  use  of  the  sta- 
tion at  Cartagena  has  been  completely  prevented  and  is  absolutely 
impossible ; 

9.  That,   in   addition  to   the  declaration   of  its   own   technical 
oommissaire  and  of  the  declarations  of  the  foreign  neutral  ex- 
perts indicated,  the  Government  has  attempted  to  obtain  from 
the  United  States,  with  the  exclusive  object  of  proceeding  to  a 
new  investigation  of  the  situation,  an  expert  in  the  pay  of  the 


46  Neutrality  Proclamation,  Cuba. 

Republic,    it   being    impossible    to    have   an   expert    of   Austrian 
nationality,  evidently  disqualified  for  such  a  mission ; 
It  is  resolved: 

1.  The  radio  station  of  Cartagena  will  continue,  subject  to  the 
measures  previously  adopted  for  preventing  its  use,  under  the 
inspection  and  supervision  of  the  official  Colombian  expert  and 
the  local  political  authorities.     If  these  authorities,   in   accord 
with  the  expert,  consider  new  orders  or  new  measures  necessary 
for  the  better  assurance  of  the  neutrality  of  the  Republic,  they 
will  decree  them  on  their  own  authority  in  urgent  cases  and  in 
ordinary  cases  will  consult  this  ministry.    The  home  of  the  Ger- 
man employees  who  previously  worked  in  the  station  will  not  be 
troubled,  although  this  home  be  near  the  place  of  the  radio  appa- 
ratus,   the   use   of   this   apparatus    continuing   to   be   absolutely 
impossible. 

2.  The  station  of  San  Andres  will  remain  closed  for  a  time  and 
in  the  manner  which  will  be  indicated  by  the  competent  ministry. 

3.  The  station  of  Santa  Marta  can  continue  to  exercise  its 
rights,    but   subject   always    to   the   departmental    and    national 
authorities;  but  it  can  not  have  in  its  service  individuals  of  the 
nationality  of  any  of  the  belligerents. 

4.  The   vessels   belonging   to   belligerent   states   and   lying   in 
Colombian  waters  will  continue  to  be  subject  to  the  supervision 
and   to   the  inspection   of  the  authorities  of  the  Republic,   and 
their  apparatus  will  remain  incapable  of  operation  and  paralyzed 
in  a  manner  believed  to  be  effective ;  and,  if  necessary,  they  will 
be  transported  to  land,  in  whole  or  in  part,  as  will  be  prescribed. 

Let  this  resolution  be  communicated  to  the  honorable  legations 
of  the  United  States,  Great  Britain,  the  German  Empire,  and  the 
French  Republic  in  this  city  and  transmitted  by  courier  to  the 
governors  of  Bolivar,  Atlantico,  and  Magdalena. 

Published  in  the  Journal  Offlciel. 

Done  at  Bogota,  July  14,  1915. 

By  His  Excellency  the  President  of  the  Republic. 

The  Minister, 

MARCO  FIDEL  SUAREZ. 

CUBA. 

Proclamation  of  neutrality,  August  5,  1914* 
[Boletin  Oflcial  de  la  Secretarla  de  Estado,  1914,  p.  361.] 

To  the  citizens  of  Cuba: 

According  to  the  official  information  received  at  the  Office  of 
the  Secretary  of  State,  there  actually  exists  a  state  of  war  be- 

1  Similar  proclamations  were  issued  in  reference  to  the  wars  between 
Russia  and  Austria-Hungary,  Aug.  13,  1914;  France  and  Turkey,  Nov.  9, 
1914;  Austria-Hungary  and  Italy,  May  25,  1915;  Italy  and  Germany, 
Sept.  9,  1916. 


General  Provisions.  47 

tween  Austria,  Servia,  Germany,  Belgium,  France,  and  England. 
As  it  has  been  communicated  to  the  belligerent  nations  that  the 
Government  of  the  Republic  will  observe  the  strictest  neutrality 
during  the  conflict,  in  accordance  with  the  rules  of  international 
law,  I  make  known  the  decision  of  the  Government  so  that  all 
the  inhabitants  of  the  territory  of  the  Republic  and  all  Cuban 
citizens  may  act  in  accordance  with  said  declaration  of  neutrality. 
Mariel,  the  fifth  of  August,  nineteen  hundred  and  fourteen. 

M.  G.  MENOCAL. 

Decree  providing  for  the  observance  of  neutral  duties,  August  10, 

191Jh 

[Boletin  Oflclal  de  la  Secretarla  de  Estado,  1914,  p.  361.] 

In  accordance  with  the  proclamation,  published  by  an  order  of 
the  fifth  of  August  of  the  present  year,  announcing  the  strict 
neutrality  to  be  observed  by  the  Government  of  Cuba  as  well  as  by 
all  its  inhabitants  and  all  Cuban  residents  abroad  in  regard  to  the 
belligerent  powers  in  the  present  European  conflict,  it  has  been 
resolved  to  publish  the  rules  which  follow  and  which  have  been 
consecrated  by  the  practice  of  nations  and  by  several  treaties  be- 
tween various  countries  as  well  as  by  other  conventions,  in  several 
of  which  the  Republic  of  Cuba  has  taken  part,  in  order  that  they 
may  be  kept  in  evidence  and  duly  observed : 

First.  No  belligerent  shall  establish  in  the  territory  of  the  Re- 
public of  Cuba  stations  of  radiotelegraphy  or  any  other  apparatus 
whatever  destined  to  be  a  means  of  communication  with  belliger- 
ent forces,  be  these  on  land  or  sea. 

Second.  It  is  forbidden  to  form  corps  of  combatants  or  to  open 
enlistment  offices  in  the  territory  of  the  Republic  of  Cuba  for  the 
benefit  of  a  belligerent. 

Third.  It  is  forbidden  for  a  belligerent  to  make  use  of  a  wire- 
less telegraphy  apparatus  belonging  to  the  Government. 

Fourth.  No  Cuban  citizen  residing  in  a  belligerent  country 
shall  be  able  to  avail  himself  of  his  neutrality  if  he  commits 
actions  of  hostility  against  or  in  favor  of  a  belligerent,  especially 
so  if  he  voluntarily  enters  into  military  service  in  favor  of  one 
of  the  belligerent  parties. 

Fifth.  It  will  not  be  allowed  for  any  hostile  action,  including 
capture  or  right  of  search,  to  be  done  by  a  belligerent  in  the 
lawful  waters  of  Cuba. 

Sixth.  No  belligerent  shall  be  allowed  to  hold  a  prize  court  in 
the  territory  of  the  Republic  of  Cuba  or  in  vessels  in  the  lawful 
waters  of  Cuba. 

Seventh.  Within  the  jurisdiction  of  the  Republic  of  Cuba  it 
shall  be  forbidden  to  arm  and  equip  vessels  when  there  is  reason 
to  believe  that  these  are  destined  to  serve  as  ships  of  war  or 
to  be  used  in  hostile  operations  against  any  one  or  more  of  the 
powers  with  which  this  Republic  is  at  peace. 


48  Neutrality  Proclamation,  Cuba. 

Eighth.  Vessels  of  belligerents  shall  not  remain  in  the  ports, 
inlets,  and  lawful  waters  of  the  Republic  of  Cuba  for  more  than 
twenty-four  hours  unless  they  are  obliged  to  do  so  because  of 
being  unseaworthy  or  because  it  is  impossible,  in  that  space  of 
time,  for  them  to  provide  themselves  with  the  amount  of  fuel 
necessary  to  carry  them  to  the  nearest  port  of  their  own  national- 
ity. However,  they  will  be  required  to  leave  as  soon  as  the 
cause  for  delay  in  their  departure  has  been  eliminated. 

Ninth.  Belligerent  ships  of  war  shall  not  carry  on  repairs  in 
ports  or  inlets  of  the  Republic  otherwise  than  in  the  measure 
necessary  for  the  safety  of  their  navigation  and  without  increas- 
ing in  any  manner  their  military  strength.  Competent  authorities 
or  functionaries  of  the  Republic  shall  judge  of  the  necessity  of  the 
repairs  pending,  and  said  repairs  shall  be  completed  as  rapidly 
as  possible. 

Tenth.  Belligerent  vessels  shall  not  make  use  of  ports,  inlets, 
and  lawful  waters  of  the  Republic  to  renew  or  increase  their 
military  provisions  or  armaments  or  to  increase  their  crews. 
However,  they  may  take  on  board,  in  the  ports  of  the  Republic, 
provisions  in  such  quantity  as  would  be  normal  and  necessary 
in  time  of  peace ;  furthermore,  they  shall  not  be  allowed  to  take 
on  more  fuel  than  is  necessary  to  carry  them  to  the  nearest  port 
of  their  own  nationality. 

Eleventh.  Belligerent  ships  of  war  which  have  taken  on  fuel 
at  a  port  of  the  Republic  shall  not  be  allowed  to  renew  their 
provision  in  any  Cuban  port  before  the  expiration  of  three 
months. 

Twelfth.  It  shall  not  be  allowed  to  bring  prizes  into  the  ports  of 
the  Republic  unless  their  condition  is  such  as  not  to  allow  of 
navigation,  or  on  account  of  high  sea  or  lack  of  fuel  or  provisions ; 
they  shall,  however,  always  be  obliged  to  leave  as  soon  as  the 
cause  of  delay  is  removed.  Failing  to  leave  promptly  the  officers 
and  crew  of  the  prize  shall  be  set  at  liberty  and  the  crew  on  board 
the  captain's  ship  shall  be  interned. 

Thirteenth.  A  prize  which  has  not  been  brought  into  a  port  of 
the  Republic  under  the  circumstances  mentioned  in  the  paragraph 
above  shall  be  set  at  liberty. 

Fourteenth.  In  case  a  belligerent  vessel  should  refuse  to  leave 
a  port  of  the  Republic  after  having  received  notification  from  the 
competent  Cuban  authorities  the  vessel  shall  be  disabled  so  that 
it  may  be  unable  to  navigate  until  the  end  of  the  war,  and  the 
commander  of  said  vessel  shall  be  obliged  to  facilitate  the  dis- 
abling of  the  ship.  Thus  disabled  the  vessel  shall  be  interned 
and  its  officers  and  crew  shall  be  detained ;  they  shall  be  allowed 
to  live  on  their  own  vessel  or  another  vessel  or  to  find  lodging  on 
land,  a  certain  number  of  men  necessary  for  the  care  of  the 
interned  vessel  remaining  on  it,  without  embargo.  The  officers 
shall  be  allowed  to  remain  on  land,  provided  they  give  their  word 
that  they  will  not  leave  the  territory  of  the  Cuban  Republic  with- 
out authorization. 


Radio  Regulations.  49 

This   order   shall   become   effective   on   its   publication   in    the 
Gazette;  the  Secretaries  of  State,  of  Government,  and  of  Finance 
will  take  charge  of  its  execution,  respectively,  according  to  the 
nature  of  the  question. 
Mariel,  the  tenth  of  August,  nineteen  hundred  and  fourteen. 

M.  G.  MENOCAL,  President. 
PAUL  DESVERNINE, 

Secretary  of  State. 

Circular  to  the  foreign  consular  corps  relating  to  radio  apparatus. 
[Boletin  Oflcial  de  la  Secretaria  de  Estado,  1914,  p.  507.] 

HABANA,  September  24,  1914. 

Mr.  CONSUL:  In  order  to  give  due  effectiveness  to  the  order  of 
the  Honorable  President  of  the  Republic,  on  date  of  August  10 
ultimo,  regarding  the  neutrality  to  be  observed  in  Cuban  terri- 
tory in  consequence  of  the  European  conflict,  the  Government 
has  resolved  the  following: 

1.  All  commercial  vessels  of  belligerent  nations  carrying  wire- 
less telegraphy  apparatus  that  find  themselves  in,  or  arrive  at 
the  ports  of  the  Republic  shall  keep  one  flag  hoisted  while  they 
remain  in  said  ports. 

2.  Mercantile   vessels,   both   Cuban   and   foreign,    which   carry 
wireless  telegraphy  apparatus  shall  not  use  these  during  their 
stay  in  the  ports  of  the  Republic. 

I  have  the  honor  of  communicating  the  above  resolution  to 
you  that  you  may  transmit  it  to  the  captains  of  the  mercantile 
vessels  of  your  nationality  in  order  that  it  may  be  strictly 
observed  by  them. 

I  beg  that  you  will  be  pleased  to  acknowledge  this  communi- 
cation. 

I  have  the  honor  to  be, 

G.  PATTERSON,  Second  Secretary. 

Decree  relating   to   the   status   of   armed   merchant   vessels, 

March  3,  1916. 
[Boletin  Oficial  de  la  Secretaria  de  Estado,  1916,  p.  501.] 

This  decree  reproduces  the  memorandum  issued  by  the  United 
States  September  19,  1914,  infra,  page  93. 

DENMARK. 

Royal  order  of  December  20,  1912,  concerning  the  neutrality  of 
Denmark  in  case  of  war  between  foreign  powers. 

[Lovtldende  for  Kongeriget  Danmark,  1912,  a,  p.  1342.] 

Given  at  the  royal  palace  Amalienburg,  in  Copenhagen. 
We,  Christian  X,  King  of  Denmark,  the  Goths'  and  Wends'  King, 
rmke   of   Sleswick,    Holstein,    Stormarn,   Ditsmarsk,    Lauenburg, 
79596—17 4 


50  Neutrality  Order,  Denmark. 

and  Oldenburg,  make  known  that  it  has  pleased  us  to  order  the 
following  in  order  to  protect  Denmark's  neutrality  in  case  of  war 
between  foreign  powers : 

1. 

1.  War  vessels  of  belligerent  powers  may  enter  Danish  harbors 
and  roadsteads  as  well  as  other  Danish  territorial  waters  with 
exceptions   and  restriction,   as  on  the  special   conditions   given 
below :  • 

a.  It  is  prohibited  war  vessels  of  the  belligerent  powers  to 
enter  the  harbor  and  roadstead  of  Copenhagen. 

6.  It  is  also  prohibited  the  named  vessels  to  enter  such  inner 
territorial  waters  whose  entrances  are  closed  by  mines  or  other 
means  of  defense. 

c.  If  circumstances  demand  it  or  in  order  to  protect  the  sov- 
ereignty  of  the   State  or  to  secure  its  neutrality,   the  right  is 
reserved  to  prohibit  the  entering  of  other  Danish  ports  or  road- 
steads or  other  parts  of  inner  territorial  waters,  the  conditions 
being  the  same  for  both  belligerent  powers. 

Considered  as  inner  Danish  territorial  waters  are  not  only  har- 
bors, entrances  to  harbors,  roadsteads  and  bays,  but  also  the  sea 
territory  between  and  inside  islands,  small  islands,  and  reefs 
which  are  not  continually  submerged. 

In  those  parts  of  the  Danish  sea  territory  in  the  Kattegat,  the 
Sound,  the  Great  and  the  Little  Belt  which  are  known  as  "  natu- 
ral routes  of  communication "  between  the  North  Sea  and  the 
Baltic  only  harbors  and  entrances  to  harbors  have  to  be  con- 
sidered as  inner  Danish  territorial  waters. 

d.  War  vessels  of  belligerent  powers  which  have  omitted  to 
follow  the  rules  prescribed  by  the  authorities  concerned  or  hav- 
ing offended  the  neutrality  of  the  state  may  by  order  be  pro- 
hibited the  entering  of  Danish  harbors  and  roadsteads. 

2.  a.  War  vessels  of  belligerent  powers  must  pay  due  respect 
to  the  sovereignty  of  the  State  and  must  avoid  any  action  offend- 
ing its  neutrality. 

&.  All  hostile  actions,  including  the  right  of  detaining  and 
searching  a  vessel,  whether  neutral  or  flying  the  colors  of  the 
enemy,  are  strictly  prohibited. 

If  a  vessel  has  been  captured  in  Danish  territorial  waters,  the 
vessel,  as  well  as  its  officers,  crew,  and  cargo,  must  be  set  free. 

3.  War  vessels  of  belligerent  powers  or  their  prizes  are  only 
allowed  to  navigate  in  the  Danish  territorial  waters  on  the  same 
conditions  as  mentioned  under    (1)    regarding  entering  of  said 
waters. 

4.  a.  War  vessels  of  belligerent   powers  are  not  allowed  to 
remain  more  than  24  hours  in  Danish  harbors,  roadsteads,  or 
other  Danish  territorial  waters  except  in  case  of  damage,  rough 
weather,  or  in  the  cases  (c)  and  (d)  mentioned  below,  the  ves- 
sels having  to  leave  as  soon  as  circumstances  permit  it.    .War 


War  Vessels  in  Danish  Waters.  51 

~i 

vessels  acting  as  floating  hospitals  or  exclusively  intended  for 
religious,  scientific,  or  humane  purposes  are  not  subject  to  the 
24  hours'  time  limit. 

&.  Not  more  than  three  war  vessels  belonging  to  one  and  the 
same  belligerent  power  may  at  the  same  time  stay  in  the  same 
Danish  port  or  at  the  same  Danish  roadstead. 

c.  If  war  vessels  of  both  belligerent  parties  are  at  the  same 
time  in  the  same  Danish  harbor  or  a't  the  same  Danish  road- 
stead, war  vessels  belonging  to  one  of-  the  belligerent  powers  are 
not   allowed   to  leave  the  harbor  or   roadstead  earlier  than   24 
hours  after  the  departure  of  war  vessels  belonging  to  the  other 
of  the  belligerent  powers.     The  vessels  have  to  leave  according 
to  their  arrival,  except  in  the  case  the  last  arrived  vessel,  due 
to   special    circumstances,    has   obtained   permission   for   further 
remaining. 

d.  It  is  prohibited  a  war  vessel  of  a  belligerent  power  to  leave 
the  harbor  or  the  roadstead  earlier  than  24  hours  after  the  de- 
parture of  a  merchant  ship  flying  the  colors  of  the  enemy.     It 
is  the  duty  of  the  authorities  concerned  to  arrange  the  departure 
of  the  merchant  ship  so  that  the  war  vessel  is  not  unnecessarily 
detained. 

5.  a.  During  the  stay  in  a  Danish  harbor  or  at  a  Danish  road- 
stead repair  of  involved  damages  on  the  war  vessel  belonging 
to  a  belligerent  power  is  only   allowed   when   seaworthiness  of 
the  vessel  absolutely  demand  it.    All  repair  relating  to  the  fight- 
ing capacity  of  the  vessel   is  prohibited.     The  authorities   con- 
cerned indicate  which  repairs  to  be  accomplished  and  when  com- 
pleted the  vessel  leaves  as  soon  as  possible. 

6.  It  is  prohibited  war  vessels  of  belligerent  powers  to  enter 
Danish  harbors,   roadsteads,  or  other  Danish  territorial  waters 
in  order  to  renew  or  increase  their  military  equipment  or  am- 
munition supplies  or  to  increase  their  crew. 

c.  It  is  prohibited  war  vessels  of  belligerent  powers  staying  in 
Danish  harbors  or  Danish  roadsteads  to  take  iu  provisions  in 
greater  quantities  than  required  for  the  maintenance  in  time 
of  peace. 

A  war  vessel  of  a  belligerent  power  is  only  allowed  to  take 
in  fuel  in  quantities  necessary  to  fill  the  real  coal  bunkers  in- 
cluding fuel  tanks.  One  and  the  same  vessel  is  not  allowed  to 
take  in  fuel  again  in  another  Danish  harbor  or  at  another  Danish 
roadstead  earlier  than  three  months  after  its  coaling  in  similar 
harbor  or  roadstead. 

6.  a.  When  navigating  in  inner  Danish  waters,  war  vessels  be- 
longing to  belligerent  powers  have  to  make  use  of  the  examined 
Danish  state  pilots  according  to  the  rules  which  in  this  respect 
are  enforced  upon  war  vessels  during  time  of  peace.  Otherwise 
they  are  not  allowed  to  make  use  of  these  pilots  except  in  case 
of  need  to  escape  a  threatening  sea  disaster. 

ft.  Existing  sanitary,  pilot,  custom,  harbor,  and  police  regula- 
tions are  strictly  to  be  observed. 


52  Neutrality  Order,  DenmmL' 


It  is  prohibited  privateers  to  enter  Danish  harbors  or  to  stay 
at  Danish  roadsteads  or  in  other  Danish  territorial  waters. 

3. 

1.  It  is  prohibited  to  take  captured  vessels  into  Danish  terri- 
torial waters  or  Danish  harbors,  except  in  the  event  of  sea  un- 
worthiness,  rough  weather,  or  shortage  of  fuel  or  food.     A  cap- 
tured vessel  which  has  been  brought  into  a  Danish  harbor  or 
roadstead  for  one  or  more  of  named  reasons  must  leave  as  soon 
as  circumstances  allow  it. 

2.  It  is  prohibited  belligerent  powers  to  establish  prize  courts 
on  Danish  territory  or  on  board  vessels  staying  in  Danish  terri- 
torial waters.     It  is  also  pi*ohibited  to  sell  captured  vessels  in 
Danish  harbors  or  at  Danish  roadsteads. 

4. 

1.  It  is  prohibited  belligerent  powers  to  use  Danish  harbors  or 
other  Danish  territorial  waters  as  bases  for  engagements  against 
the  foe.    It  is  also  prohibited  to  erect  radio-telegraph  stations  on 
Danish  territory  or  in  Danish  territorial  waters.     The  same  ap- 
plies to  all  other  apparatus  intended  as  means  for  communication 
between  the  fighting  forces  whether  on  land  or  on  sea. 

2.  It  is  prohibited  to  organize  fuel  depots  on  Danish  rerrjtory 
or  on  vessels  staying  in  Danish  territorial  waters.. 

3.  It  is  prohibited  to  equip  or  .armor  a  vessel  within  Danish 
territory  if  the  vessel  is  intended  for  cruising  or  for  assistance 
in  hostile  actions  against  a  power  at  peace  with  the  Danish  state. 
Even  so  are  vessels  which  wholly  or  partly  have  been  equipped 
or  armored  for  war  use  by  belligerent  powers  prohibited  to  leave 
the  Danish  territory. 

This  order  is  strictly  to  be  followed  by  everybody  concerned. 
Given    at   the   Royal    Palace   Amalienbor.u-   in    Copenhagen    on 
December  20,  1912. 

Signed  by  our  own  hand  and  confirmed  by  our  seal. 
[L.  s.]  CHRISTIAN  R. 

C.  W.  AHLKFELDT  LAUKVIG. 

Rules  which  during  war  betiveen  foreign  powers  have  to  lie  fol- 
lowed in  order  to  protect  Danish  commerce  and  navigation. 
August  6,  1914. 

[Lovticlende  for  Kongeriget  Danmark,  1914,  a,  p.  685.] 

We,  Christian  X,  by  grace  of  God  King  of  Denmark,  the  Wends' 
and  Goths'  King,  Duke  of  Sleswick,  Holstein,  Stormarn,  Ditmarsk, 
Lauenburg,  and  Oldenburg,  make  known  that  in  order  to  protect 


Commerce  and  Navigation.  5& 

the  Danish  commerce  and  nfivigation  during  a  war  between  for~ 
eign  powers  it  has  pleased  us  to  order  as  follows : 

1. 

In  the  event  that  a  Danish  merchant  ship  in  open  sea  or  in  tlit> 
territorial  waters  of  one  of  the  belligerent  powers  is  stopped  by 
an  armed  vessel  belonging  to  one  of  the  belligerent  powers,  if 
must  without  any  objection  whatever,  on  demand  of  the  com- 
mander, show  its  papers,  that  is  nationality  and  registration 
license  (or  in  want  of  such,  an  interim  nationality  license  given 
by  a  Danish  consul),  crew  list,  clearance  papers,  and  bills  of 
lading. 

Neither  before  the  visitation  nor  during  it  is  it  allowable  to  IiuU*. 
throw  overboard,  or  destroy  papers  regarding  the  ship  or  th*» 
cargo.  No  Danish  ship  is  allowed  to  carry  ship  papers  in  dupli- 
cate or  to  fly  other  colors  than  the  Danish. 

Ships  which,  during  the  war  or  the  last  six  months  before  Ms 
beginning,  have  carried  the  colors  of  one  of  the  belligerent  powers 
can  not  obtain  interim  nationality  licenses  without  a  special  per- 
mission from  the  ministry  of  foreign  affairs. 

2. 

Should  a  Danish  ship  during  a  stay  in  a  foreign  harbor  be  com- 
pelled to  engage  a  foreign  crew  the  preference  must  be  given  to 
subjects  of  neutral  states.  Any  change  in  the  crew  and  the 
reason  must  be  recorded  in  the  crew  list  in  the  way  prescribed 
and  the  list  then  be  presented  to  the  Danish  consul  for  his 
attestation.  In  the  event  there  is  no  Danish  consul,  the  attesta- 
tion of  the  enlistment  must  be  obtained  from  the  authorities  con- 
cerned, notary  public  or  some  other  person  which,  according  to 
existing  rules  of  the  place,  enjoys  official  authenticity. 

3. 

It  is  prohibited  the  commander  of  the  ship  to  sail  for  any  har- 
bor which  is  blockaded  by  one  of  the  belligerent  powers.  As  far 
as  possible,  he  must  ascertain  if  the  harbor  to  which  he  intends 
to  sail  is  free.  If,  by  entering  a  harbor  the  blockade  of  which 
was  unknown  to  him.  he  is  stopped  by  a  ship  wearing  the  ensign 
(naval  flag)  of  the  concerned  belligerent  power,  and  it  is  made 
known  to  him  by  the  commander  that  the  harbor  is  blockaded,  he 
must  instantly  leave  the  territory  without  trying  secretly  to  enter 
the  harbor. 

By  blockaded  harbor  is  to  be  understood  a  harbor  which  is 
effectively  blockaded,  that  is,  by  a  force  which  actually  is  suffi- 
cient to  cut  off  the  entrance  to  the  blockaded  shore. 


54  Neutrality  Order,  Denmark. 

4. 

As  unconditional  contraband,  which  may  be  confiscated  by  one 
of  the  belligerent  powers  when  the  goods  direct  or  indirect  are 
being  brought  to  the  territory  of  the  other  of  the  belligerent 
powers,  or  to  any  territory  occupied  by  it,  or  to  its  military  or 
naval  forces,  are  considered : 

1.  Any  kind  of  arms,  including  those  for  hunting,  as  well  as 
their  separate  parts. 

2.  Shells,   charges,   and   cartridges   of  every   kind,   as   well   as 
their  separate  parts. 

3.  Gunpowder  and  explosives  especially  made  for  warfare. 

4.  Gun    carriages,    ammunition    boxes,    mounts,    wagons,    field 
forges,  and  all  their  separate  parts. 

5.  All  articles  of  military  uniform  and  equipment. 

6.  Military  horse  equipment  of  every  kind. 

7.  All  animals  which  may  be  used  for  riding,  harness,  or  in 
any  other  way  for  war  purposes. 

8.  Camping  articles  and  their  component  parts. 

9.  Armor. 

10.  War  vessels   and   small  boats  with  their  separate  parts, 
which  from  their  special  character  are  capable  of  being  used  only 
on  war  vessels. 

11.  Instruments  and  apparatus  exclusively  intended  for  the  pre- 
paring of  ammunition,  for  the  preparing  and  repairing  of  arms, 
and  material  of  military  use,  both  army  and  navy. 

5. 

As  conditional  contraband,  which  may  be  confiscated  by  one 
of  the  belligerent  powers  when  the  goods  are  being  transported 
for  the  benefit  of  the  other  of  the  belligerent  power's  armed 
forces  or  administration,  the  latter  case  excepted  when  the  goods 
actually  can  not  be  used  during  the  war  which  is  taking  place, 
are  considered : 

1.  Provisions. 

2.  Forage  and  food  for  animals. 

3.  Clothing  and   material  for  clothing,   as  well  as  foot  gear 
capable  of  being  used  for  war  purposes. 

4.  Gold  and  silver  in  pieces  and  bars,  as  well  as  paper  money 
(bank  notes). 

5.  Vehicles  of  any  kind  capable  of  war  use,  as  well  as  their 
separate  parts. 

6.  Ships,  vessels,  and  small  boats  of  any  kind,  floating  docks, 
contrivances  for  dry  docks,  and  component  parts. 

7.  Railway  material,  stationary  as  well  as  rolling;  telegraph, 
radio,  and  telephone  materials. 

8.  Aircraft  of  any  kind,  including  aeroplanes,  aerostats,  bal- 
loons, and  their  component  parts,  as  well  as  attachments,  appa- 
ratus, and  materials  capable  of  being  used   in  connection  with 
aviation. 


Restrictions  on  Commerce.  55 

9.  Fuel  and  lubricating  substances. 

10.  Powder  and  explosive  substances  not  used  exclusively  for 
war  purposes. 

11.  Barbed   wire   as   well    as    instruments   for    installing    and 
cutting  wire. 

12.  Horseshoes  and  blacksmiths'  material. 

13.  Articles  forming  part  of  harness  and  saddle  equipment. 

14.  Binoculars,    telescopes,    chronometers,    and    all    kinds    of 
nautical  instruments. 

The  restriction  mentioned  above  does  not  apply  to  point  4. 

Should  any  changes  or  additions  regarding  contraband  be 
found  necessary  the  ministry  of  foreign  affairs  will  make  them 
known  to  the  public  after  obtaining  royal  resolution. 

6. 

It  is  prohibited  Danish  vessels : 

1.  To  sail  with  the  special  purpose  to  transport  single  persons 
which  are  enlisted  in  one  of  the  belligerent  power's  armed  forces 
or  to  carry  news  in  the  interest  of  any  of  the  belligerent  powers. 

2.  To  transport  a  military  detachment  or  subjects  of  belligerent 
powers  which  during  the  journey  directly  assist  the  operations  of 
one  of  the  belligerent  powers. 

3.  To  take  part  in  the  hostilities. 

4.  To  be  under  command  or   control  of  an   agent  which   has 
been  placed  on  board  by  one  of  the  belligerent  powers. 

5.  To   take   time   charter   or   in   any   other   way   wholly   take 
charter  for  the  use  of  one  of  the  belligerent  powers  during  the 
war. 

6.  Forcibly  to  resist  against  an  entitled  execution  of  the  right 
of  stopping,  searching,  and  confiscating  by  armed  vessels  belong- 
ing to  one  of  the  belligerent  powers. 

7. 

It  is  prohibited  to  equip  or  arm  any  ship  on  Danish  territory 
intended  for  cruising  or  participation  in  the  hostile  operations 
against  one  of  the  belligerent  powers. 

8. 

It  is  prohibited  Danish  subjects  to  equip  or  arm  any  vessel 
intended  for  prize  seizing  against  one  of  the  belligerent  powers, 
their  subjects,  or  property,  or  to  participate  in  the  furnishing  or 
arming  of  such  vessel. 

It  is  also  prohibited  Danish  subjects  to  serve  on  a  prize-seizing 
vessel. 

9. 

Should  a  Danish  vessel  be  arrested  the  commander  of  this 
vessel  must  give  to  the  consul  in  the  harbor  whereto  the  vessel  is 
brought  or,  in  want  of  such,  to  the  nearest  Danish  consul,  a  full 


56  Neutrality  Proclamation,  Ecuador. 

and  duly  confirmed   information  of  all  circumstances  regarding 
the  arrest. 

If  any  commander  thinks  himself  entitled  to  complain  of  the 
treatment  that  has  been  accorded  him  he  must  as  soon  as  possible 
hand  his  statement  to  the  ministry  of  foreign  affairs  or  to  a 
Danish  royal  legation  or  consulate. 

10. 

These  regulations  are  put  into  force  at  once  and  are  to  be 
observed  by  all  concerned. 

Given  at  Amalienborg,  August  6,  1914. 

CHRISTIAN  R. 
[L.  s.j  ERIK  SCAVENIUS. 

ECUADOR. 

Neutrality  proclamation,  August  17,  1914- 

LEONIDAS    PLAZA    G.,    CONSTITUTIONAL    PRESIDENT    OF    THE    REPUBLIC. 

Considering: 

1st.  That  between  Germany  and  Austria,  on  one  side,  and 
France,  Great  Britain,  and  Russia,  on  the  other,  there  exists  at 
present  a  state  of  war,  and  that  this  conflagration  has  extended 
itself,  and  may  further  extend  itself  to  other  nations ; 

2d.  That  Ecuador  has  always  maintained  good  relations  of 
friendship  with  the  belligerent  nations,  and  that  it  desires  to 
continue  in  them ;  and 

3d.  That  it  is  a  duty  of  the  Government  to  employ  adequate 
means  to  guard  over  the  national  interests  which  may  be  affected 
by  the  present  war  ; 

Decrees: 

The  Republic  of  Ecuador  shall  observe  the  strictest  neutrality  in 
the  above-mentioned  war,  conforming  itself  to  the  convention  of 
The  Hague  of  the  18th  of  October,  1907,  which  established  the 
rights  and  duties  of  neutrals,  and  to  the  .general  principles  of 
international  law  on  such  matters. 

At  the  National  Palace,  in  Quito,  the  17th  of  August,  1914. 

LEONIDAS  PLAZA  G. 

The  Minister  of  Foreign  Affairs :  R.  H.  ELIZALDE. 

Decree  relating   to   the  departure  of  merchant  vessels,   Novem- 
ber 28th,  1914. 

LEONIDAS  PLAZA  G.,  CONSTITUTIONAL  PRESIDENT  OF  THE  REPUBLIC. 

Considering: 

That  it  is  necessary  to  take  every  measure  that  may  conduce  to 
the  strict  maintenance  of  the  international  neutrality  proclaimed 


Neutrality  Declaration,  Guatemala.  57 

with  the  decree  of  the  17th  of  August  of  the  present  year  and  in 
virtue  of  the  authority  which  international  law  gives  us; 

Decrees: 

To  the  rules  of  the  Convention  of  The  Hague,  to  which  the  Gov- 
ernment of  Ecuador  has  resolved  to  conform,  are  added  the 
following : 

1st.  No  merchant  ship,  no  matter  what  be  its  nationality  nor 
whether  it  belongs  to  a  belligerent  country  or  not,  shall  be  allowed 
to  leave  an  Ecuadorian  port  unless  the  authorities  of  the  port  have 
previously  obtained  from  the  consul  of  the  nationality  to  which 
the  ship  belongs,  a  written  certificate  indicating  the  next  port  at 
which  the  ship  will  stop,  as  also  its  final  destination,  and  stating 
that  the  ship's  voyage  is  for  commercial  purposes  only ; 

2d.  Whenever  a  case  should  arise  in  which  a  merchant  ship  had 
left  or  intended  to  leave  an  Ecuadorian  port,  and  should  have 
been  an  unusual  time  on  its  voyage  to  the  port  of  its  destination 
or  should  have  taken  an  unusual  route,  or  were  not  to  have  taken 
the  direction  stated  by  the  consul;  or,  finally,  should  it,  before 
reaching  port,  have  changed  its  cargo,  such  a  ship  shall  be  re- 
garded as  suspicious  and  on  its  next  arrival  at  an  Ecuadorian  port 
may  be  detained  by  the  Ecuadorian  naval  authorities  and  is  liable 
to  be  considered  as  part  of  the  belligerent  forces  of  the  Nation  to 
which  it  belongs  and  to  be  treated  as  such. 

The  Ministers  of  Foreign  Affairs,  War,  and  Marine,  respec- 
tively, shall  take  charge  of  the  enforcement  of  the  above  decree. 

At  the  National  Palace,  in  Quito,  the  28th  of  November,  1914. 

LEONIDAS  PLAZA  G. 

The  minister  of  Foreign  Affairs :  R.  H.  ELIZALDE. 

The  Minister  of  Finance  charged  with  the  Portfolio  of  War  and 
Marine:  AUGUSTIN  CABEZAS  G. 

GUATEMALA. 

Declaration  of  neutrality,  decree  No.  718,  August  12,  191.'f. 

[El  Guatemalteco,  Official  Gazette.     Guatemala,  Thursday,  Aug.  13,  1014.] 

MANUEL  ESTBADA  CABRERA,  Constitutional  President  of  the  Re- 
public of  Guatemala. 

Whereas   a   state  of  war  has  been   declared  between  several 
European  nations,  with  which  Guatemala  maintains  cordial  rela- 
tions ; 
•     Therefore,  in  a  cabinet  meeting,  decrees : 

ARTICLE  1.  The  Republic  is  declared  neutral  in  the  present 
European  conflict. 

ART.  2.  The  authorities  and  Inhabitants  of  the  Republic  will 
comply  with  the  conventions  regarding  the  rights  and  duties  of 
neutral  powers  and  persons  in  the  case  of  war  on  land  and  the 
rights  and  duties  of  neutral  powers  in  the  case  of  war  on  sea. 
signed  at  The  Hague,  October  18,  1907. 

Let  it  be  communicated  and  published. 


58  Neutrality  Declaration,  Hayti. 

Done  at  the  National  Palace  of  Guatemala,  this  12th  day  of  the 
month  of  August,  of  the  year  1914. 

MANUEL  ESTRADA  C. 

The  Secretary  of  State  in  the  Department  of  Government  and 
Justice : 

J.  M.  REINA  ANDRADE. 
The  Secretary  of  State  in  the  Department  of  War : 

Luis  OVALLE. 
The  Secretary  of  State  in  the  Department  of  Public  Education : 

J.  ED.  GiR6N. 
For  the  Secretary  of  State  in  the  Department  of  Finance : 

JOAQUIN  TORRES,  Under  Secretary. 
For  the  Secretary  of  State  in  the  Department  of  Public  Works : 

JOSE  V.  MEJIA,  Under  Secretary. 

The  Secretary  of  State  in  the  Department  of  Foreign  Affairs : 

Luis  TOLEDO  HERRAETE. 

Neutrality  decree,  September  1,  1914,  referring  to   Government 

decree  No.  718  of  August  12,  1914. 
[El  Guatemalteco,  Official  Gazette.    Guatemala,  Wednesday,  Sept.'  2,  1914. J 

PALACE  OF  THE  EXECUTIVE  POWER, 

Guatemala,  September  1,  1914. 

The  Government  of  the  Republic  having  issued  decree  No.  718 
of  August  12  last,  by  which  the  neutrality  of  Guatemala  is  de- 
clared in  the  present  war  between  several  European  nations ; 
and 

Whereas,  it  becomes  necessary  to  take  indispensable  precau- 
tions to  make  neutrality  effective  regarding  wireless  communica- 
tion in  merchant  vessels  of  belligerents  in  Guatemalan  waters ; 

Therefore,  the  Constitutional  President  of  the  Republic,  in 
order  to  execute  the  above-mentioned  resolution,  decrees : 

That  from  this  date  all  merchant  vessels  of  the  belligerent 
nations  when  in  the  territorial  waters  of  Guatemala  or  upon 
entering  into  them  shall  dismantle  their  wireless  installations 
during  such  time  as  they  shall  remain  in  these  waters.  Vessels 
not  complying  with  these  regulations  shall  be  considered  as 
armed  ships,  and  orders  shall  be  given  them  to  leave  Guatemalan 
waters  in  conformity  to  Convention  No.  13  of  The  Hague,  1907. 

Let  it  be  communicated. 

ESTRADA  C. 

The  Secretary  of  State  in  the  Department  of  Foreign  Affairs : 

Luis  TOLEDO  HERRARTE. 

HAYTI. 

• 

Declaration  of  neutrality,  August  7,  1914. 
[Rev.  Gto.,  Doc.  22  :  177.] 

War  having  unfortunately  been  declared  between  various 
powers  of  Europe  with  which  the  Republic  of  Hayti  is  at  peace, 
the  Government  is  under  a  duty  to  enforce  the  strictest  neu- 
trality during  the  entire  duration  of  the  conflict. 


Neutrality  Declaration,  Honduras.  59 

Conformably  to  the  general  principles  of  the  law  of  nations, 
it  is  recommended  to  Haytians  and  to  the  nationals  of  powers  at 
war  not  to  commit  on  the  national  territory  and  surrounding 
maritime  waters  any  act  violating  the  neutrality  of  the  Re- 
public. 

It  is  especially  forbidden  to  make  any  demonstration  in  favor 
of  or  against  one  of  the  belligerents,  to  open  recruiting  stations, 
to  arm  vessels  of  war,  or  to  furnish  or  aid  in  furnishing  any 
means  of  war  to  any  of  the  belligerents,  under  penalty  of  the 
laws. 

Port  au  Prince,  August  7,  1914. 

ENOCH  DKSERT. 

HONDURAS. 

Declaration  of  neutrality,  decree  No.  SS,  October  5,  1914- 

FRANCISCO    BEBTRAND,    CONSTITUTIONAL    PRESIDENT    OF    THE    REPUBLIC 
OF   HONDURAS. 

Considering  that  he  has  been  notified  of  the  state  of  war  de- 
clared between  Germany,  Austria-Hungary,  Serbia,  France,  Great 
Britain,  and  Russia,  European  nations  with  which  Honduras 
maintains  friendly  relations,  and  that  the  Government  of  this 
Republic  has  been  requested  by  Great  Britain  to  observe  the  laws 
of  neutrality ; 

Therefore,  in  cabinet  of  ministers,  decrees : 

ARTICLE  1.  The  neutrality  of  Honduras  is  declared  in  the  present 
European  conflict. 

ART.  2.  The  national  authorities  shall  observe  and  cause  to  be 
observed  the  principles  and  rules  concerning  the  rights  and  duties 
of  the  neutral  powers  and  persons  in  case  of  war  by  land  and  sea, 
established  by  the  Hague  Conventions  of  October  8,  1907. 

Done  in  Tegucigalpa,  in  the  Executive  Palace,  the  5th  day  of 
October  of  1914. 

F.  BERTRAND. 

The  Secretary  of  State  in  the  Department  of  Foreign  Affairs 
and  Public  Instruction : 

MARIANO  VASQUEZ. 

The  Secretary  of  State  in  the  Department  of  Interior  and 
Justice,  acting: 

FROYLAN  TURCIOS. 

'  The  Secretary  of  State  in  the  Department  of  Hacienda  and 
Public  Credit: 

LEOPOLDO  CORDOVA. 

The  Secretary  of  State  in  the  Department  of  War  and  Navy : 

FRANCISCO  J.  MEJIA. 

The  Secretary  of  State  in  the  Department  of  Fomento,  Public 
Works,  and  Agriculture,  acting: 

MANUEL  S.  LOPEZ. 


CO  Neutrality  Declaration,  Italy. 

Note  of  the  minister  of  foreign  affairs  on  the  maintenance  of 
neutrality,  December  8,  1914. 

MINISTRY  OF  FOREIGN  AFFAIRS, 
Tegucigalpa,  December  3,  1914. 

MR.  MINISTER:  Replying  to  your  excellency's  note  dated  the  1st 
of  this  month,  in  which  you  ask  for  information  concerning  any 
documents,  decrees,  proclamations,  or  declarations  of  orders 
which  may  have  been  issued  by  this  Government  in  connection 
with  the  European  war,  I  have  the  honor  to  remit  to  your  excel- 
lency a  copy  of  the  executive  decree  dated  October  5,  this  year, 
in  which  the  neutrality  of  Honduras  is  declared  in  the  European 
conflict  and  in  which  the  national  authorities  are  ordered  to 
observe  and  cause  to  be  observed  the  principles  and  rules  con- 
cerning the  rights  and  duties  of  neutral  powers  and  individuals  in 
case  of  war  by  land  and  sea,  as  established  by  the  Hague  Con- 
ventions of  October  18,  1907. 

For  the  strict  observance  of  this  decree,  the  text  of  the  articles 
of  the  Hague  Convention  have  been  sent  to  the  minister  of  war 
and  navy  in  order  that  he  in  turn  may  transmit  them  to  the 
military  authorities  of  the  ports  of  this  Republic. 

My  Government,  although  it  has  not  signed  the  Hague  Con- 
ventions, believes  that  there  is  no  reason  why  it  should  not  adopt 
the  rules  laid  down  in  them  covering  the  principles  of  neutrality 
as  established  by  international  law. 

I  avail  myself  of  this  opportunity  to  repeat  to  your  excellency 
the  assurances  of  my  distinguished  consideration. 

MARIANO  VASQUEZ. 

His  Excellency  JOHN  EWING, 

Envoy  Extraordinary  and  Minister  Plenipotentiary, 
of  the  United  States  of  America. 

ITALY. 

Declaration  of  neutrality,  August  3,  19J4- 
[Gazzetta  Officiate  4  Agosto,  n.  185  (1914).] 

Certain  powers  of  Europe  being  in  a  state  of  war  while  Italy 
is  in  a  state  of  peace  with  all  the  belligerent  powers,  the  Govern- 
ment of  the  King  and  the  citizens  and  subjects  of  the  Kingdom 
are  under  the  obligation  of  observing  the  duties  of  neutrality 
according  to  the  laws  in  force  and  the  principles  of  international 
law. 

Whoever  violates  these  duties  will  undergo  the  consequences  of 
his  own  act  and  will  Incur,  according  to  the  circumstances,  the 
penalties  declared  by  the  laws. 

ROME,  August  S,  1914- 


War  Buoying,  Netherlands.  61 

NETHERLANDS. 

Note  addressed  to  the  Belgian  Government  to  announce  that  the 
Netherlands  may  be  obliged  to  institute  war  bnoying  on  the 
Scheldt.  August  3, 


[Belgian  Gray  Book  Annex  to  No.  29,  reprinted  in  British  Parl.  Pap.  Misc. 
No.  12,  1914,  p.  1'7.] 

The  Netherlands  Government  may  be  compelled,  in  order  to 
maintain  the  neutrality  of  Dutch  territory,  to  institute  war 
buoying  upon  the  Scheldt,  that  is  to  say,  to  move  or  modify 
a  portion  of  the  actual  arrangement  of  buoys  and  lights. 

At  the  same  time  this  special  arrangement  of  buoys  has  been 
so  drawn  up  that  when  it  is  brought  into  force  it  will  still  be 
possible  to  sail  up  the  Scheldt  as  far  as  Antwerp  by  day,  but 
only  with  Dutch  pilots  who  have  been  furnished  with  the  neces- 
sary nautical  instructions.  In  thus  acting  the  Netherlands 
Government  are  convinced  that  they  will  be  able  to  serve  equally 
both  the  Dutch  interests  in  the  defense  of  Netherlands  territory 
and  Belgian  interests  in  the  navigation  of  Antwerp. 

After  the  establishment  of  war  buoying  on  the  Scheldt,  there 
would  be  no  further  reason  to  enter  the  tidal  water  of  Flushing 
at  night,  and  as  the  presence  of  the  lightships  Wiclingen  and 
Wandelaar  is  not  indispensable  to  navigation  by  day  the  Nether- 
lands Government  would  be  much  obliged  if  the  Belgian  Govern- 
ment would  be  good  enough,  in  the  event  of  the  establishment 
of  war  buoying,  to  withdraw  these  boats  in  order  to  facilitate 
the  maintenance  of  the  neutrality  of  Dutch  territory. 

D  eel  a  rat  ion  of  the  neutrality  of  Netherlands  in  the  European  tear. 
August  5,  J91.'f. 

[Staatscourant,  Special  Number,  Aug.  5,  1914;  Belgian  Grey  Book,  Annex 
to  No.  53,  reprinted  in  British  Parl.  Pap.,  Misc.  No.  12,  1914,  p.  46.] 

The  ministers  of  foreign  affairs,  justice,  marine,  war,  and  the 
colonies,  authorized  to  that  effect  by  Her  Majesty  the  Queen. 
make  known  to  all  whom  it  may  concern  that  the  Netherlands 
Government  will  observe  strict  neutrality  in  the  war  which  has 
broken  out  between  Great  Britain  and  Germany  and  Belgium  and 
Germany,  powers  friendly  to  the  Netherlands,  and  that,  with  a 
view  to  the  observance  of  this  neutrality,  the  following  disposi- 
tions have  been  taken  : 

ARTICLK  1.  Within  the  limits  of  the  territory  of  the  State,  in- 
cluding the  territory  of  the  Kingdom  in  Europe  and  the  colonies 
and  possessions  in  other  parts  of  the  world,  no  hostilities  of  any 
kind  are  permitted,  neither  may  this  territory  serve  as  a  base  for 
hostile  operations. 

ART.  2.  Neither  the  occupation  of  any  part  of  the  territory  of 
the  State  by  a  belligerent  nor  the  passage  across  this  territory  by 


62  Neutrality  Declaration,  Netherlands. 

land  is  permitted  to  the  troops  or  convoys  of  munitions  belonging 
to  the  belligerents,  nor  is  the  passage  across  the  territory  situ- 
ated within  the  territorial  waters  of  the  Netherlands  by  the  war- 
ships or  ships  assimilated  thereto  of  the  belligerents  permitted. 

ART.  3.  Troops  or  soldiers  belonging  to  the  belligerents  or 
destined  for  them  arriving  in  the  territory  of  the  State  by  land 
will  be  immediately  disarmed  and  interned  until  the  termination 
of  the  war. 

Warships  or  ships  assimilated  thereto  belonging  to  a  belligerent 
who  contravenes  the  provisions  of  articles  2,  4,  or  7  will  not  be 
permitted  to  leave  the  said  territory  until  the  end  of  the  war. 

ABT.  4.  No  warships  or  ships  assimilated  thereto  belonging  to 
any  of  the  belligerents  shall  have  access  to  the  said  territory. 

ABT.  5.  The  provisions  of  article  4  do  not  apply  to : 

1.  Warships  or  ships  assimilated  thereto  which  are  forced  to 
enter  the  ports  or  roadsteads  of  the  State  on  account  of  damages 
or  the  state  of  the  sea.    Such  ships  may  leave  the  said  ports  or 
roadsteads  as  soon  as  the  circumstances  which  have  driven  them 
to  take  shelter  there  shall  have  ceased  to  exist. 

2.  Warships  or  ships  assimilated  thereto  belonging  to  ,a  bellig- 
erent which  anchor  in  a  port  or  roadstead  in  the  colonies  or  over- 
sea possessions  exclusively  with  the  object  of  completing  their 
provision  of  foodstuffs  or  fuel.    These  ships  must  leave  as  soon  as 
the  circumstances  which  have  forced  them  to  anchor  shall  have 
ceased  to  exist,  subject  to  the  condition  that  their  stay  in  the 
roadstead  or  port  shall  not  exceed  24  hours. 

3.  Warships  or  ships  assimilated  thereto  belonging  to  a  bellig- 
erent employed  exclusively  on  a  religious,  scientific,  or  humani- 
tarian mission. 

ABT.  6.  Warships  or  ships  assimilated  thereto  belonging  to  a 
belligerent  may  only  execute  such  repairs  in  the  ports  and  road- 
steads of  the  State  as  .are  indispensable  to  their  seaworthiness, 
and  they  may  in  no  way  increase  their  fighting  capacities. 

ART.  7.  Warships  or  ships  assimilated  thereto  belonging  to  a 
belligerent  who  may  ,at  the  commencement  of  war  be  within  the 
territory  of  the  State  must  leave  within  24  hours  from  the  mo- 
ment of  the  publication  of  this  declaration. 

ART.  8.  If  warships  or  ships  assimilated  thereto  belonging  to 
different  belligerent  and  find  themselves  at  the  same  time,  in  the  con- 
ditions set  forth  in  article  5,  in  the  same  part  of  the  world  and 
within  the  territory  of  the  State,  a  delay  of  at  least  24  hours  must 
elapse  between  the  departure  of  each  respective  belligerent  ship. 
Except  in  special  circumstances,  the  order  of  departure  shall  be 
determined  by  the  order  of  arrival.  A  warship  or  ship  assimilated 
thereto  belonging  to  a  belligerent  may  only  leave  the  territory  of 
the  State  24  hours  after  the  departure  of  a  merchant  ship  which 
flies  the  flag  of  another  belligerent. 

ABT.  9.  Warships  or  ships  assimilated  thereto  belonging  to  a 
belligerent  to  which. articles  5  and  7  are  applicable  may  only  be 
provisioned  with  foodstuffs  In  the  ports  and  roadsteads  of  the 


General  Regulations.  63 

country  to  the  extent  necessary  to  bring  their  provisions  up  to  the 
normal  limit  in  time  of  peace. 

Similarly  they  can  only  be  supplied  with  fuel  to  the  extent  nec- 
essary to  enable  them,  with  the  stock  they  already  have  on  board, 
to  reach  the  nearest  port  of  their  own  country. 

The  same  vessel  can  not  again  be  provided  with  fuel  until  a 
period  of  at  least  three  months  shall  have  elapsed  since  it  was 
last  provisioned  in  the  territory  of  the  State. 

ART.  10.  A  prize  may  only  be  brought  into  Dutch  territory  if 
such  prize  is  unnavigable,  or  unseaworthy,  or  short  of  fuel  or 
foodstuffs. 

Such  prize  must  leave  as  soon  as  the  reasons  which  caused  her 
to  enter  Dutch  territory  cease  to  exist. 

Should  such  prize  fail  to  do  so,  immediate  orders  shall  be  given 
her  to  leave.  In  the  event  of  a  refusal,  all  possible  means  shall  be 
employed  to  liberate  the  prize,  with  her  officers  and  crew,  and  to 
intern  the  crew  placed  on  board  by  the  belligerent  who  has  taken 
it  as  prize. 

AST.  11.  It  is  forbidden,  in  State  territory,  to  form  a  corps  of 
combatants  or  to  open  recruiting  offices  on  behalf  of  the  belliger- 
ents. 

ABT.  12.  It  is  forbidden,  in  State  territory,  to  take  service  on 
board  warships  or  ships  assimilated  thereto. 

AET.  13.  It  is  forbidden,  in  State  territory,  to  equip,  arm,  or 
man  vessels  intended  for  military  purposes  on  behalf  of  a  belliger- 
ent, or  to  furnish  or  deliver  such  vessels  to  a  belligerent. 

ABT.  14.  It  is  forbidden,  in  State  territory  to  supply  arms  or 
ammunition  to  warships  or  ships  assimilated  thereto  belonging  to 
a  belligerent,  or  to  come  to  their  assistance  in  any  manner  whatso- 
ever with  a  view  to  augment  their  crew  or  their  equipment. 

ABT.  15.  It  is  forbidden  in  State  territory  failing  previous 
authorization  by  the  competent  local  authorities,  to  repair  war- 
ships or  ships  assimilated  thereto  belonging  to  a  belligerent,  or  to 
supply  them  with  victuals  or  fuel. 

ABT.  16.  It  is  forbidden  in  State  territory  to  take  part  in  the 
dismantling  or  repairing  of  prizes,  except  in  so  far  as  is  necessary 
to  make  them  seaworthy ;  also  to  purchase  prizes  or  confiscated 
goods,  and  to  receive  them  in  exchange,  in  gift,  or  on  deposit. 

ABT.  17.  The  State  territory  comprises  the  coastal  waters  to  a 
distance  of  3  nautical  miles,  reckoning  60  to  the  degree  of  lati- 
tude, from  low-water  mark. 

As  regards  inlets,  this  distance  of  3  nautical  miles  is  measured 
from  a  straight  line  drawn  across  the  inlet  at  the  point  nearest 
the  entrance  where  the  mouth  of  the  inlet  is  not  wider  than  10 
nautical  miles,  reckoning  60  to  the  degree  of  latitude. 

ABT.  18.  Further,  attention  is  called  to  articles  100,  section  1, 
and  205  of  the  Penal  Code ;  "  Indisch  Staatsblad."  1905,  No.  62 ; 
article  7,  section  4,  of  the  law  respecting  the  status  of  Nether- 


64  Neutrality  Circular,  Nicaragua. 

lands  nationality  and  respecting  domicile  ( "  Nederlandsch  Staats- 
blad,"  1892,  No.  268;  1910,  No.  216);  article  2,  No.  3,  of  the 
law  respecting  the  status  of  Netherlands  nationality  ("Neder- 
landsch Staatsblad,"  1910,  No.  55 ;  "  Indisch  Staatsblad,"  1910, 
No.  296;  articles  54  and  55  of  the  Penal  Code  of  Surinam; 
articles  54  and  55  of  the  Penal  Code  of  Curacao). 

Similarly,  the  attention  of  commanding  officers,  owners,  and 
charterers  of  ships  is  called  to  the  dangers  and  inconveniences 
to  which  they  would  expose  themselves  by  disregarding  the 
effective  blockade  of  belligerents,  by  carrying  contraband  of  war, 
or  military  dispatches  for  belligerents  (except  in  the  course  of 
the  regular  postal  service),  or  by  rendering  them  other  trans- 
port services. 

Any  person  guilty  of  the  acts  aforesaid  would  expose  himself 
to  all  the  consequences  of  those  acts  and  would  not  be  able,  as 
regards  them,  to  obtain  any  protection  or  intervention  on  the 
part  of  the  Netherlands  Government. 

NICARAGUA. 

Neutrality  circular,  December  5,  1914- 

To  correspond  with  the  action  of  foreign  countries  who  are 
on  friendly  terms  with  the  Republic,  and  with  the  object  of 
preventing  difficulties,  by  rendering  more  efficacious  the  observ- 
ance of  the  neutrality  of  Nicaragua  in  the  present  European 
conflict,  according  to  the  instmctions  of  the  President  of  the 
Republic  and  in  his  name,  I  confirm  to  you  the  former  disposi- 
tions in  this  regard,  and  furthermore,  I  inform  you  that  you 
can  make  use  of  this  note,  as  soon  as  an  occasion  presents  itself, 
in  the  following  form : 

First,  all  commercial  vessels  of  the  belligerent  nations  that 
meet  in,  or  arrive  at,  the  ports  of  the  Republic  and  that  possess 
stations  of  wireless  telegraphy,  shall  keep  one  flag  hoisted 
while  they  remain  in  a  Nicaraguan  port. 

Second,  mercantile  vessels  not  belonging  to  countries  at  war 
and  which  have  wireless  apparatus  shall  not  use  this  until  after 
their  departure  from  the  ports  of  the  Republic. 

Third,  it  is  absolutely  prohibited  for  the  submarine  cable  at 
San  Juan  del  Sur  and  for  the  telegraphic  office  on  the  island  of 
Bluefields  to  transmit,  directly  or  indirectly,  for  either  of  the 
belligerent  nations,  messages  in  code,  or  with  incomplete  address 
or  signature,  or  messages  which  contain  military  information 
or  data,  or  that  in  any  manner  compromise  the  neutrality  of 
Nicaragua ;  the  superior  administrative  authorities  of  the  port 
shall  permit  the  transmission  of  those  dispatches  which  they 
consider  not  to  be  subject  to  censorial  rules. 

Fourth,  mercantile  vessels  of  any  nationality  that  arrive  at 
Nicaraguan  ports  under  suspicious  cii'cumstances,  such  as  having 


Neutrality  Proclamation,  Persia.  65 

made  false  statements  regarding  their  destination  when  sailing 
from  a  port  of  the  Republic  on  a  former  occasion ;  being  known, 
by  official  notice,  to  have  supplied  fuel  or  provisions  to  war  ves- 
sels of  belligerents ;  having  employed  an  excessive  length  of 
time  in  their  voyage;  being  painted  with  colors  peculiar  to  war 
vessels  or  with  similarly  distinctive  signs,  shall  be  interned  in 
their  respective  ports,  the  respective  authorities  of  which  shall 
immediately  inform  the  Office  of  Foreign  Affairs  of  the  neces- 
sary ulterior  measures. 

Hoping  that  you  will  acknowledge  receipt  of  this  dispatch  and 
see  that  it  is  put  into  effect, 

I  remain,  your  attentive  servant, 

CHAMOBBO. 

PERSIA. 

Proclamation  of  neutrality,  November  1,  1914,   by  His  Majesty 
Ahmed  Schah,  at  the  opening  of  the  Persian  Parliament. 

[Rev.  Gen.,  Doc.  22  :  180.] 

God  is  Sovereign.  We,  Sultan  Ahmed  Schah,  Emperor  and 
son  of  the  Emperor  of  Persia. 

In  consideration  of  the  hostilities,  unfortunately  being  carried 
on  at  this  moment  in  Europe;  noticing  the  adjacency  of  our 
frontiers  to  the  theater  of  war ;  in  view  of  the  relations  of 
friendship  happily  existing  between  us  and  the  belligerent  pow- 
ers :  In  order  to  make  known  to  our  people  our  sacred  intention 
to  safeguard  these  good  relations  with  the  States  at  war. 

Command  His  Highness  Mastafi-el-Mamalek,  our  illustrious 
president  of  the  council  and  minister  of  interior,  to  bring  this 
imperial  firman  (decree)  to  the  knowledge  of  all  the  governors- 
general,  generals,  and  functionaries  of  our  Empire  and  to  inform 
them  that  our  Government  in  the  actual  circumstances  has 
adopted  the  strictest  neutrality.  He  will  publish  in  addition 
that  we  have  decided  to  maintain,  as  in  the  past,  our  amicable 
relations  with  the  belligerent  countries.  In  consequence,  it  is 
notified  to  the  functionaries  of  our  Government  that  it  is  their 
duty  to  commit  no  act  on  land  or  sea,  either  for  or  against  the 
belligerent  States.  They  are  enjoined  to  furnish  them  with 
neither  arms  nor  munitions.  They  should  avoid  taking  part  with 
any  of  the  countries  at  war  and  will  be  bound  to  make  the 
strictest  neutrality  of  Persia  respected.  We  reserve  it  to  our- 
selves to  command  the  execution  of  other  measures  which  our 
Government  may  judge  necessary  to  propose  to  us  and  which 
will  be  of  a  nature  to  assure  the  maintenance  of  our  neutrality 
and  of  our  good  relations  with  all  the  countries. 

7950&— 17 5 


66  Neutrality  Note,  Salvador. 

SALVADOR. 

Note  explaining  attitude  of  neutrality,  December  4, 

[Libro    Rosado   de   El   Salvador,    Ano   VI,   Nos.   X,   XI  y   XII,   Octobre- 
Noviembre-Diciembre,  1914,  pp.  77-78.] 

SAN  SALVADOR,  4th  of  December,  1914- 

MR.  MINISTEK  :  I  have  the  honor  to  acknowledge  receipt  of  Your 
Excellency's  courteous  note,  dated  the  first  of  this  month,  in 
which,  acting  on  instructions  from  the  Department  of  State  in 
Washington,  you  ask  me  to  deliver  to  the  legation  under  the 
worthy  direction  of  Your  Excellency,  a  complete  collection  of  all 
public  documents,  decrees,  proclamations,  declarations,  and  orders 
relative  to  the  present  European  war  which  have  been  issued  by 
the  Government  of  this  Republic. 

In  answer  I  wish  to  stnte  to  Your  Excellency  that  my  Govern- 
ment has  Dot  issued  any  publication,  proclamation,  declaration,  or 
decrees  whatever  regarding  the  European  conflict.  Its  action  has 
been  limited  to  giving  instructions  to  the  maritime  officials  of  our 
ports  in  order  that  they  may  maintain  the  greatest  vigilance  in 
regard  to  the  use  of  stations  of  wireless  telegraphy  by  belligerent 
vessels  coming  into  its  waters. 

Besides  this,  my  Government  has  merely  addressed  to  its  diplo- 
matic representative  accredited  to  the  Department  of  State  in 
Washington  a  note  dated  November  16th  last,  in  reply  to  the 
inquiry  made  to  this  Government  through  the  agency  of  the  De- 
partment, by  Count  von  Bernstorff,  Ambassador  of  Germany  near 
Your  Excellency's  Government,  to  the  effect  that  there  be  laid 
before  him  a  copy  of  the  proclamation  of  neutrality  by  Salvador 
in  the  European  conflict.  In  this  note  of  reply  this  chancery 
indicated  the  following  to  its  diplomatic  representative  in  Wash- 
ington, in  order  that  thus  he  should  bring  it  to  the  knowledge  of 
the  Ambassador  of  Germany  and  of  any  other  legation  of  the 
neutral  or  belligerent  countries  which  might  interrogate  him  in 
regard  to  the  same  question : 

"  The  use  of  proclamations  of  neutrality  was  introduced  when 
international  law  had  not  as  yet  determined  with  precision  the 
principles  by  which  the  rights  and  obligations  that  a  state  of 
war  creates  between  neutrals  and  belligerents  were  to  be  gov- 
erned. Since  then  it  has  been  observed  in  cases  where  a  neutral 
had  either  a  very  active  commerce  with  the  belligerents  or 
frontiers  in  common  with  them ;  or  in  cases  where  warlike  sup- 
plies may  be  furnished  or  when  a  neutral  owned  a  commercial 
fleet  which  might  be  affected  in  its  communication  with  belliger- 
ents. Our  country  does  not  find  itself  in  any  of  these  situations 
in  the  present  war;  and  as  the  state  of  neutrality  and  the  rela- 
tions which  it  establishes  are  legal  conditions  which  arise  from 
the  war  itself  and  from  the  international  principles  by  which  it 
is  regulated,  Salvador,  by  its  neutral  character,  is  obliged 


Neutrality  Declaration,  Siam.  67 

strictly  to  observe  these  principles  of  neutrality,  principles  which 
this  country  does  not  need  to  promulgate  in  the  form  of  a  procla- 
mation ;  all  such  principles  are  amply  expounded  in  the  fourteen 
diplomatic  conventions  subscribed  to  in  the  Second  Conference 
of  The  Hague  in  1907  and  in  the  Naval  Convention  of  London, 
the  26th  of  February,  1909.  Consequently  Salvador's  line  of 
conduct  as  a  neutral  country  is  clearly  marked  out  in  the  above- 
mentioned  treaties  of  The  Hague  and  in  the  Convention  of  Lon- 
don. For  this  reason  you  will  please  convey  to  His  Excellency 
the  Ambassador  of  Germany,  and  to  whatever  other  diplomatic 
agent  should  ask  information  of  you  on  this  subject,  that  the 
Government  of  Salvador  has  decided  to  preserve  intact  the  prin- 
ciples and  rules  of  the  above-mentioned  treaties,  in  conformity 
with  its  character  as  a  neutral  country,  in  the  present  European 
conflict,  though  it  has  not  thought  necessary  to  make  a  proclama- 
tion expressly  to  this  effect." 

I  take  this  occasion  to  convey  to  Your  Excellency  the  expres- 
sion of  nay  highest  and  most  distinguished  consideration. 

FRANCISCO  MARTINEZ  S. 

To  His  Excellency  the  Honorable  Boaz  W.  Long,  Minister 
Plenipotentiary  of  the  United  States  of  North  America. 

SIAM. 

Declaration  of  neutrality,  August  6,  1914. 

By  command  of  His  Majesty  the  King  Maha  Vajiravudh  Phra 
Mongkut  Klao. 

To  all  to  whom  these  presents  shall  come,  know  ye: 

Whereas  the  III  Convention  of  The  Hague,  18th  October,  1907, 
relative  to  the  opening  of  hostilities,  article  2  says :  "  The  exist- 
ence of  the  state  of  war  must  be  notified  to  the  neutral  powers 
without  delay,  and  shall  not  take  effect  in  regard  to  them  until 
after  the  receipt  of  the  notification,  which  may,  however,  be  given 
by  telegraph.  Neutral  powers,  nevertheless,  can  not  rely  on  the 
nbsenoe  of  notification  if  it  is  clearly  established  that  they  were 
in  fact  aware  of  the  existence  of  a  state  of  war ;  "  and 

Whereas  a  state  of  war  now  exists  in  Austria-Hungary,  France, 
Germany,  Great  Britain,  Russia,  and  Servia ;  and 

Whereas  we  are  happily  at  peace  and  on  terms  of  friendship 
with  each  of  these  sovereigns  and  chiefs  of  state  and  with  their 
respective  subjects  and  the  inhabitants  of  their  respective  domin- 
ions ;  and 

Whereas  we  desire  that  our  subjects  shall  continue  to  enjoy, 
and  shall  be  secured  in  the  enjoyment  of,  the  infinite  blessings  of 
peace ;  to  which  end  we  are  determined  to  maintain  a  strict  and 
impartial  neutrality  in  the  state  of  war  above  mentioned ; 

Now,  therefore,  we  do  issue  this  our  royal  proclamation,  and 
we  do  hereby  order  and  command  all  our  subjects  to  observe 


68  Neutrality  Declaration,  Spain. 

strict  and  impartial  neutrality  in  and  during  the  said  war,  and  to 
observe  the  laws  of  this  Kingdom,  her  treaty  engagements,  and 
the  law  of  nations  in  that  behalf. 

Given  at  our  court  at  Nagara  Fathom  on  this  6th  day  of  August, 
2457,  year  of  our  lord  Buddha,  and  in  the  fifth  year  of  ^ur 
reign  (August  6,  1914). 

SPAIN. 

Declaration  of  neutrality,  August  7,  1914.1 
[Gaceta  de  Madrid,  August  7,  1914  ;  155  Boletln  de  Legislaclon,  1914,  132.] 

War  having  unfortunately  been  declared  between  Germany  on 
the  one  hand  and  Russia,  France,  and  the  United  Kingdom  of 
Great  Britain  and  Ireland  on  the  other,  and  the  state  of  war 
existing  in  Austria-Hungary  and  in  Belgium,  it  is  the  duty  of 
his  majesty's  Government  to  prescribe  to  Spanish  subjects  the 
strictest  neutrality  in  conformity  with  the  laws  in  force  and  the 
principles  of  public  international  law. 

In  consequence,  Spaniards  residing  in  Spain  and  abroad  who 
carry  out.  any  hostile  act  regarded  as  contrary  to  the  strictest 
neutrality  will  lose  all  right  to  the  protection  of  his  majesty's 
Government  and  will  undergo  the  consequences  of  any  measures 
which  the  belligerents  may  establish,  and  that  without  prejudice 
to  the  penalties  which  they  will  incur  according  to  the  Spanish 
laws. 

Agents,  national  or  foreign,  who,  in  Spanish  territory,  .are 
employed  or  aiding  in  recruiting  soldiers  for  any  of  the  belligerent 
armies  or  navies,  will  in  addition  be  subjected  to  the  application 
of  article  150  of  the  penal  code.2 

SWITZERLAND. 

Ordinance  forbidding   the  installation  and  utilisation  of  radio- 
telegraph stations.    August  2,  1914- 

[Bundesgesetze  und  Verordnungen  1914,  30  :  351.] 

The  Swiss  Federal  Council,  on  the  proposal  of  its  military  de- 
partment, orders: 

ARTICLE  1.  The  creation  of  new  radio  stations  is  forbidden  on  all 
territory  of  the  Swiss  Confederation. 


1  Similar  declarations,  in  reference  to  war  between  Austria  and  Servia, 
July  30,   1914  ;  Austria  and  Montenegro,   August  14,  1914 ;   Austria  and 
Russia,  France  and  Great  Britain,  August  16,  1914 ;  Germany  and  Japan, 
August  26,  1914;  Austria  and  Belgium,  September  1,  1914;  Turkey  and 
Russia,  France,  and  Great  Britain,  November  10,  1914  ;  Italy  and  Austria, 
May  29,  1915  ;  Italy  and  Turkey,  August  25,  1915,  etc. 

2  A  decree  of  November  23,  1914,  declared  XIII  Hague  Convention,  1907, 
concerning  the  rights  and  duties  of  neutral  powers  in  naval  war,  oper- 
ative.    (155  Boletln  de  Legislactcn,  1914,  75.) 


Radio  Regulations.  69 

ART.  2.  The  utilization  of  radio  stations  which  already  exist 
and  have  obtained  a  concession  is  forbidden.  The  organs  of  the 
telegraph  and  telephone  administration  will  render  the  stations 
incapable  of  use  without  delay  by  removing  the  receiving  appa- 
ratus, if  there  is  any,  or  the  parts  indispensable  for  their  use. 
The  parts  of  the  apparatus  removed  are  to  be  preserved  by  the 
telegraph  and  telephone  administration. 

ART.  3.  There  are  not  included  in  this  prohibition  stations 
established  by  the  telegraph  .and  telephone  administration,  or 
those  which  have  been  established  for  the  needs  of  the  army. 

ART.  4.  Violations  of  the  present  provisions,  if  there  has  been  a 
reception  or  sending  of  news  of  any  nature  whatever,  will  be 
proceeded  against  according  to  the  penal  provisions  established 
against  those  who  spread,  intentionally  or  by  negligence,  news  of 
a  military  nature.  If  there  has  been  only  the  illegal  establish- 
ment of  a  station  or  the  maintenance  of  an  existing  station,  of 
which  it  has  not  been  proved  that  it  has  been  used,  the  penalty 
will  consist  in  a  fine  and  the  station  will  be  immediately  closed.  If 
there  is  reason  to  suspect  that  the  station  is  intended  to  be  used 
as  a  means  of  information  for  the  benefit  of  a  foreign  State,  pro- 
ceedings for  espionage  will  be  commenced. 

The  present  ordinance  comes  into  force  immediately. 

Berne,  August  2,  1914. 

In  the  name  of  the  Swiss  Confederation, 

The  President  of  the  Confederation :  HOFFMANN. 

The  Chancellor  of  the  Confederation  :  SCHATZMANN. 

Federal  order  on  the  measures  appropriate  for  assuring  the 
security  of  the  country  and  the  maintenance  of  its  neutrality. 
August  3,  1914. 

[Bundesgesetze  und  Verordnungen,  1914,  30  :  347.] 

The  Federal  Assembly  of  the  Swiss  Confederation,  in  view  of 
the  message  of  the  Federal  Council  of  August  2,  1914,  orders: 

ARTICLE  1.  The  Swiss  Confederation  declares  its  firm  desire  to 
maintain  its  neutrality  in  the  imminent  war.  The  Federal  Coun- 
cil is  authorized,  in  any  manner  that  it  deems  convenient,  to 
bring  this  declaration  of  neutrality  to  the  knowledge  of  the  bellig- 
erent parties  and  of  the  powers  who  have  recognized  the  neu- 
trality of  Switzerland  and  the  inviolability  of  its  territory. 

ART.  2.  The  Federal  Assembly .  approves  the  general  mobiliza- 
tion decreed  by  the  Federal  Council  and  the  decision  concerning 
the  legal  time  of  bank  notes. 

ABT.  3.  The  Federal  Assembly  gives  unlimited  power  to  the 
Federal  Council  to  take  all  measures  necessary  for  the  security, 
the  Integrity,  and  the  neutrality  of  Switzerland,  to  safeguard  the 
credit  and  the  economic  interests  of  the  country,  and  in  espe- 
cially to  insure  the  public  food  supply. 


70  Neutrality  Declaration,  Switzerland. 

ABT.  4.  To  this  effect,  there  is  open  to  the  Federal  Council  an 
unlimited  credit.  Authorization  in  especial  is  given  it  to  con- 
tract the  necessary  loans. 

ART.  5.  The  Federal  Council  will  render  an  account  to  the  Fed- 
eral Assembly  in  its  next  session  of  the  use  which  it  has  made  of 
the  unlimited  credit  which  has  been  accorded  it. 

ART.   6.  The   present   order,    which   is   declared    urgent,    comes 
immediately  into  force. 
Thus  ordered  by  the  National  Council. 
Berne,  August  3,  1914. 

President :  Dr  A.  v.  PLANTA. 
Secretary :  SCHATZMANN. 
Thus  ordered  by  the  Council  of  States. 
Berne,  August  3,  1914. 

Vice  President :  GEEL. 
Secretary :  DAVID. 
The  Federal  Council,  orders: 
The  Federal  order  above  will  be  executed. 
Berne,  August  3,  1914. 
In  the  name  of  the  Swiss  Federal  Council. 

President  of  the  Confederation :  HOFFMANN. 
Chancellor  of  the  Confederation :  SCHATZMANN. 

Declaration  of  neutrality,  August  lh  1914. 

[Bundesgesetze  und  Verordnungen  1914,  30:  361.] 

(This  declaration  has  been  communicated  officially  to  the  States  which 
recognized  the  inviolability  and  the  neutrality  of  Switzerland  in  1815,  as 
well  as  to  some  other  Governments .) 

The  Swiss  Federal  Council  has  decided  to  make  the  following 
declaration  of  neutrality : 

By  reason  of  the  war  which  has  just  been  declared  between 
several  European  powers,  the  Swiss  Confederation,  inspired  by 
its  ancient  traditions,  has  voluntarily  determined  to  depart  in 
no  respect  from  the  principles  of  neutrality  so  dear  to  the  Swiss 
people,  which  correspond  so  well,  to  its  aspirations,  to  its  internal 
organization,  to  its  situation  relative  to  the  other  States,  and 
to  the  principles  which  the  powers  signatory  of  the  treaties  of 
1815  have  formally  recognized. 

By  virtue  of  the  special  mandate  which  has  just  been  bestowed 
upon  us  by  the  Federal  Assembly,  the  Federal  Council  formally 
declares  that  during  the  war  which  is  beginning  the  Swiss  Con- 
federation will  maintain  and  defend  by  all  the  means  at  its  dis- 
posal its  neutrality  and  the  inviolability  of  its  territory  as  rec- 
ognized by  the  treaties  of  1815 ;  it  will  itself  observe  the  strictest 
neutrality  toward  the  belligerent  States. 

Relative  to  the  parts  of  Savoy,  which  by  the  terms  of  the 
declaration  of  the  powers  of  March  29,  1815,1  of  the  final  act  of 

1  Marten's,  N.  R.  2  : 177,  Hertslet,  Map  of  Europe  by  Treaty,  1 :  70. 


German  Reply.  71 

the  Congress  of  Vienna  of  June  9,  1815,1  of  the  act  of  accession 
by  the  Swiss  Diet  of  August  12,  1815,2  of  the  treaty  of  Paris 
of  November  20,  1815,3  and  of  the  act  of  recognition  and  of  guar- 
antee of  Swiss  neutrality  of  the  same  date,4  should  enjoy  neu- 
trality in  the  same  manner  as  Switzerland ;  these  dispositions 
having  been  confirmed  by  France  and  Sardinia  by  article  2  of 
the  treaty  of  Turin  of  March  24,  I860,5  the  Federal  Council  be- 
lieves that  it  ought  to  call  to  mind  that  Switzerland  has  the  right 
to  occupy  this  territory.  The  Federal  Council  will  make  use  of 
this  right  if  the  circumstances  appear  to  demand  it  for  the  de- 
fense of  the  neutrality  and  of  the  integrity  of  the  territory  of 
the  Confederation.  At  the  same  time  it  will  not  fail  scrupu- 
lously to  respect  the  restrictions  which  the  treaties  attach  to 
the  exercise  of  the  right  in  question ;  especially  in  reference  to 
the  administration  of  this  territory,  it  will  be  obliged  to  confer 
with  the  Government  of  the  French  Republic. 

The  Federal  Council  has  the  firm  conviction  that  the  present 
declaration  will  be  favorably  received  by  the  belligerent  powers 
as  well  as  by  the  third  States,  signatory  to  the  treaty  of  1815, 
as  the  expression  of  the  traditional  attachment  of  the  Swiss 
people  to  the  idea  of  neutrality  and  as  the  loyal  affirmation  of 
the  consequences  resulting  for  the  Swiss  Confederation  from  the 
treaties  of  1815. 

German  reply  to  the  notification  of  the  neutrality  of  Sivitzerland. 
August  5,  1914- 

[Rev.  Gen.  Doc.  22  :  189.] 

The  Government  has  had  the  honor  to  receive  the  circular  note 
addressed  the  4th  of  August  of  this  year  to  the  powers  signatory 
to  the  treaties  of  1815  in  which  the  Federal  council  declares  that 
during  the  actual  war  the  Swiss  Confederation  will  maintain  and 
defend  by  all  means  at  its  disposal  its  neutrality  and  the  invio- 
lability of  its  territory.  The  Imperial  Government  has  taken 
cognizance  of  this  declaration  with  a  sincere  satisfaction  and  it 
has  confidence  that  the  Confederation,  by  virtue  of  its  strong 
army  and  of  the  firm  will  of  the  entire  Swiss  people,  will  repulse 
all  violations  of  its  neutrality. 

Ordinance  concerning  the  maintenance  of  the  neutrality  of  Sioit- 
serland.    August  4,  191  %. 

i 

[  Bundesgesetze  und  Verordnungen,  1914,  30:  353.] 

The  Swiss  Federal  Council. 

In  order  to  prevent  all  acts  or  omissions  not  compatible  with 
the  neutral  position  of  Switzerland ; 


1  Martens,  N.  R.  2 :  379,  Hertslet,  op.  cit.,  1 :  208. 

1  Martens,  N.  R.  4  :  184. 

*  Martens,  N.  R.  2 :  682,  Hertslet,  op.  cit.,  1 :  342. 

«  Martens,  N.  R.  2  :  740,  4  :  186,  Hertslet,  op.  cit.,  1 :  370. 

6  Mai-tens,  N.  R.  G.,  pt.  2,   16 :  539,  Hertstet.  op.   cit.,  2  : 1429. 


72  Neutrality  Ordinance,  Switzerland. 

Basing  its  action  on  article  102,  paragraph  9,  of  the  Federal 
constitution ;  on  articles  30,  40,  and  41  of  the  Federal  Penal  Code 
of  February  4,  1853,  as  well  as  on  the  provisions  of  the  interna- 
tional convention  of  The  Hague,  October  18,  1907,  concerning  the 
rights  and  duties  of  neutral  powers  and  persons  in  case  of  war  on 
land; 

Order  the  following  prescriptions,  to  which  each  will  conform 
himself : 

1.  The  strictest  impartiality  will  be  observed  in  reference  to 
all  the  belligerents ;  consequently  all  must  abstain  from  every  act 
favoring  any  one  of  them. 

2.  No  hostile  act  against  any  of  the  belligerents  may  be  under- 
taken, supported,  or  aided  in  any  manner  whatsoever  upon  Swiss 
territory  or  prepared  thereon. 

3.  Pacific   relations   ought   to  be   assured,   so   far   as  possible, 
under  reserve  of  the  following  dispositions  and  of  the  special  pre- 
scriptions for  the  authorities  and  commanders  of  the  troops. 

4.  Every  attempt  on  the  part  of  regular  or  volunteer  troops  of 
the   belligerent  parties   to  penetrate  into   Swiss  territory   or   to 
cross  it  in  bodies  or  individually  should  be  immediately  brought  to 
the  knowledge  of  the  commander  of  troops  and  of  the  nearest 
police  authority. 

5.  Military   foreigners   who   may   be   met   individually   on   the 
neutral  territory  will  be  arrested  by  the  troops  or,  if  necessary,  by 
the  police ;  civilians  suspected  of  abusing  neutral  territory  under 
evident  pretexts  will  be  treated  in  the  same  manner. 

6.  The  authorization  to  permit  the  wounded  and  sick  belonging 
to  the  belligerent  armies  to  pass  into  our  territory   should .  be 
asked  of  the  commander  in  chief.    As  to  the  personnel  and  mate- 
rial  of  all  kinds   accompanying   convoys,   it   is   referred   to   the 
prescriptions  for  the  commander  of  troops   (decision  of  the  Fed- 
eral Council,  Dec.  21,  1912)  concerning  the  maintenance  of  neu- 
trality. 

7.  In  case  of  attempts  by  one  of  the  belligerent  parties  to  send 
through  our  territory  transports  of  military  material,  no  matter 
of  what  kind,  especially  transports  of  arms,  munitions,  and  pro- 
visions, the  commander  of  troops  and  the  nearest  police  authority 
should  be  immediately  informed.    The  objects  in  question  will  be 
seized  by  the  authorities. 

8.  There  is  forbidden  and  ought  to  be  stopped : 

(a)  The  exportation  of  arms  and  munitions  and  of  all  military 
material  into  the  adjacent  belligerent  states  and  also  all  collecting 
of  objects  of  this  nature  near  the  contiguous  frontier.    In  case  of 
acts  of  war  near  the  frontier,  the  commander  of  the  army  can 
further  restrain  or  suppress  entirely. this  frontier  traffic. 

(b)  The  purchase   and  generally  the  acceptance  of  arms,   of 
military  material,  and  of  articles  of  equipment  carried  into  Swiss 
territory  by  deserters.    The  articles  indicated  under  (a)  and  (&) 
will  be  seized  even  if  they  are  found  in  the  possession  of  third 
persons. 


General  Provisions.  73 

9.  If   isolated   military   persons  .of   the   belligerent    armies    or 
escaped  prisoners  of  war  seek  refuge  in  our  territory,  they  can  be 
admitted  until  further  notice.    They  will  be  disarmed  and  put  at 
the  disposition  of  the  military  authorities,  in  the  same  manner  as 
prisoners  of  war  brought  in  by  troops  seeking  refuge  on  our 
territory. 

10.  Passage  on  Swiss  territory  will  be  permitted  to  persons  not 
of  a  character  to  be  suspected,  to  women,  to  children,  to  old  men, 
as  well  as  to  persons  who,  before  the  war,  had  a  domicile  in 
Switzerland  or  own  land  in  it. 

11.  Persons  who  do  not  conduct  themselves  conformably  to  the 
rules  of  neutrality  can  be  transferred  to  the  interior  of  the  coun- 
try.   If  foreigners,  they  expose  themselves  to  expulsion. 

12.  Corps  of  combatants  can  not  be  formed  nor  recruiting  bu- 
reaus opened  on  Swiss  territory  to  the  advantage  of  belligerents. 
The  existence  of  bureaus  of  information  or  recruiting  for  sol- 
diers or  volunteers  for  the  belligerent  armies  should  be  notified 
to  the  Federal  council. 

13.  The  inhabitants  of  foreign   states   who  wish   to  go   indi- 
vidually, without  arms  or  uniforms  and  without  being  organized 
in  groups,  into  the  territory  of  belligerent  states  directly  or  indi- 
rectly from  Switzerland  or  by  Switzerland  will  not  be  prevented 
from  passing  beyond  the  frontier  until  further  notice. 

14.  It  is  absolutely  forbidden  to  the  belligerent  parties  to  estab- 
lish or  use  on  Swiss  territory  a  radio  station  or  any  other  instal- 
lation  (telephone,  telegraph,  signal  station,  optical  or  other,  car- 
rier pigeon  station,  aviation  station,  etc.),  designed  to  serve  as  a 
means  of  communication  with  the  belligerent  forces  on  land  or  sea 
or  to  offer  facilities  for  the  same  in  any  manner  whatsoever. 

15.  The  bureaus  of  telegraphs,  telephones,  postal  service,  and 
customs  will  receive  for  their  administration,  instructions  as  to 
the  attitude  which  they  are  to  observe.     The  use  of  the  posts, 
telegraph,  and  telephone  for  military  purposes,  will  take  prece- 
dence of  all  other  employments,  except  urgent  communications  of 
the  Federal  council  and  of  the  political  and  military  departments. 

16.  The  railroads  will  observe  the  prescriptions  relative  to  their 
use  in  case  of  war  as  well  as  their  other  special  instructiops. 

17.  As  to  aviation,  attention  will  be  given  to  what  follows : 

(a)  Balloons  and  air  craft  not  belonging  to  the  Swiss  Army  can 
not  rise  and  navigate  in  the  aerial  space  situated  above  our  terri- 
tory unless  the  persons  ascending  in  the  apparatus  are  furnished 
with  a  special  authorization,  delivered  in  the  territory  occupied 
by  the  army,  by  the  commander  of  the  army;  in  the  rest  of  the 
country,  by  the  Federal  military  department. 

( ft )  The  passage  of  all  balloons  and  air  craft  coming  from  abroad 
into  our  aerial  space  is  forbidden.  It  will  be  opposed  if  necessary 
by  all  available  means  and  these  air  craft  will  be  controlled  when- 
ever that  appears  advantageous. 

(c)  In  case  of  the  landing  of  foreign  balloons  or  air  craft,  their 
passengers  will  be  conducted  to  the  nearest  superior  military 


74  Neutrality  Ordinance,  Switzerland. 

commander  who  will  act  according  to  his  instructions.  The  appa- 
ratus and  the  articles  which  it  contains  ought,  in  any  case,  to 
be  seized  by  the  military  authorities  or  the  police.  The  Federal 
military  department  or  the  commander  of  the  army  will  decide 
what  ought  to  be  done  with  the  personnel  and  materiel  of  a  bal- 
loon or  air  craft  coming  into  our  territory  through  force  majeure 
and  when  there  appears  to  be  no  reprehensible  intention  or  negli- 
gence. 

18.  The  personnel  of  the  frontier  guard  and  of  the  police  sta- 
tioned at  the  frontier  can  be  placed  under  the  orders  of  the  chief 
military  officer   commanding  the  troops   occupying   the   frontier. 
In  cases  where  this  personnel  remains  independent,  it  will  never- 
theless be  under  the  duty  of  assisting  the  troops  in  their  tasks 
in  the  same  manner  as  the  troops  protect  and  offer  assistance  to 
the  police  and  frontier  guards  in  case  of  need.     The  troops  have, 
moreover,  the  same  duties  in  reference  to  all  persons  exercising 
an  official  function  in  the  territory  occupied  by  the  army,  espe- 
cially in  reference  to  the  personnel  of  public  undertakings,  trans- 
ports, customs,  sanitary,  and  veterinary  police. 

19.  The  railroad  trains  and  ships  can  be  visited  only  by  the 
military  and  functionaries  specially  charged  with  this  duty. 

20.  There  will  be  no  impediment  to  the  usual  communications 
with  territories  beyond  the  frontier  except  for  restrictions  ordered 
for  the  maintenance  of  neutrality  and  especially  the  above-men- 
tioned regulations.     However,  the  commander  of  troops  can  re- 
quest and,  if  necessary,  prescribe  that  traffic  be  limited  to  certain 
roads. 

21.  The  Cantonal  governments,  especially  the  governments  of 
the  frontier  Cantons  and  the  military  commanders  according  to 
their  special  instructions  are  charged  with  the  execution  of  the 
present  ordinance   and   the  departments  of  customs,  posts,   and 
railroads    are    equally    charged    with    that    which    concerns    the 
cooperation  and  the  attitude  of  their  administrations  and  their 
personnels. 

Berne,  August  4,  1914. 

In  the  name  of  the  Swiss  Federal  council : 

President  of  the  Confederation,  HOFFMANN. 

Chancellor  of  the  Confederation,  SCHATZMANN. 

Appeal  to  the  Siviss  people,  August  5,  19  J  4- 
[Bundesgesetz  und  Verordnungen  1914,  30  :  362.] 

Faithful  and  dear  members  of  the  Confederation: 

War  is  unchained  at  our  frontiers.  Our  army  is  on  foot,  and 
on  the  1st  of  August,  the  day  of  the  anniversary  of  the  foundation 
of  the  Confederation,  the  telegraph  carried  orders  for  the  mobil- 
ization even  into  the  most  remote  villages  and  hamlets  of  the 
country. 


Appeal  to  Swiss  People.  75 

Faithful  to  our  traditions,  firmly  attached  to  the  line  of  conduct 
which  the  free  decision  of  our  people  has  chosen  and  conforming 
ourselves  to  the  international  treaties,  ice  will  observe  a  complete 
neutrality. 

The  Federal  Assembly  and  the  Federal  Council  have  resolved 
to  use  all  of  their  forces  and  to  make  every  sacrifice  to  maintain 
our  independence  and  the  defense  of  our  neutrality. 

Behind  its  authority  the  entire  Swiss  people  stand  firm  and 
resolute. 

To  our  army  now  belongs  the  noble  task  of  protecting  our 
country  against  every  attack  and  of  repelling  the  aggressor, 
whoever  he  may  be. 

Soldiers,  we  expect  of  you  that  each  cheerfully  do  his  duty, 
roady  to  shed  his  blood  and  to  give  his  life  for  his  country. 

Officers,  you  will  all  set  for  your  subordinates,  we  are  sure,  a 
splendid  example  of  duty  and  of  sacrifice. 

Underofficers  and  soldiers,  you  will  show  by  your  acts,  we  are 
convinced,  that  the  soldier  of  a  free  state  also  knows  how  to 
observe  the  strictest  discipline  and  to  obey  absolutely  the  orders 
of  his  chief. 

And  you,  Swiss  people,  who  remain  by  your  firesides,  keep  calm 
and  composed  and  have  confidence  in  your  authorities  which  in 
these  trying  days  will  consecrate  themselves,  with  all  their  power, 
to  the  accomplishment  of  their  task,  and  who  will  also  do  all 
possible  to  remedy  misfortunes.  Have  confidence,  whatever  hap- 
pens, in  your  army,  for  which  during  peace  you  have  not  made 
such  great  sacrifices  in  vain  and  of  which  you  are  justly  proud. 

May  God  protect  our  dear  fatherland  !  We  commend  it  to  the 
protection  of  the  All-Powerful. 

Berne,  August  5,  1914. 

In  the  name  of  the  Federal  Council  : 

President  of  the  Confederation  :  HOFFMANN. 
Chancellor  of  the  Confederation  :  SCHATZMANN. 

Ordinance  concerning  the  penal  dispositions  for  the  state  of  war. 
August  6, 


[Bundesgesetze  und  Verordnungen  1914,  30:370.] 

The  Swiss  Federal  Council. 

In  view  of  article  102,  paragraph  9,  of  the  Federal  constitution 
and  the  Federal  order  of  August  3,  1914,  on  the  measures  proper 
to  assure  the  security  of  the  country  and  the  maintenance  of  its 
neutrality  ;  on  the  suggestion  of  the  Federal  military  depart- 
ment ; 

Orders: 

ARTICLE  1.  The  provisions  of  the  military  laws  designed  for 
time  of  war  are  applicable  during  the  present  mobilization  of 
the  troops. 


76  Penal  Dispositions,  Switzerland. 

ART.  2.  Article  41  of  the  military  penal  code  of  August  27,  1851, 
is  amended  by  the  following  provision  : 

Whoever,  with  design,  lends  aid  to  the  hostile  military  pur- 
poses of  a  foreign  state,  of  its  army  or  of  independent  foreign 
corps,  or  hinders  or  compromises  the  military  operations  of  the 
Swiss  army  is  guilty  of  treason. 

ART.  3.  Article  2  of  the  military  penal  code  is  amended  by 
the  following  provision : 

The  following  are  guilty  of  treason : 

(1)  Those  who,  in  order  to  reveal  them  to  a  foreign  state  or 
to  one  of  its  agents,  in  order  to  give  them  publicity,  or  in  order 
to  render  them  accessible,  have  spied  into  facts,  arrangements, 
or  plans,  which  it  is  necessary  in  the  interests  of  the  confedera- 
tion to  hold  secret  because  of  the  imminence  of  war  or  in  time 
of  war;  those  who  shall  have  revealed  to  a  foreign  state  or  to 
one  of  its  agents,   shall  have  given  publicity  to,   or  shall  have 
rendered   accessible   facts,   arrangements,    or   plans   which    it    is 
necessary   in   the   interests   of  the   confederation   to   hold   secret 
because  of  the  imminence  of  war  or  in  time  of  war ; 

(2)  Whoever,   directly   or   indirectly,   shall   have   hindered   or 
compromised   the   military   operations   of   the   Swiss   army,    (a) 
either  by  damaging  or  destroying  means  of  communication  or  of 
information,  apparatus,  or  objects  serving  the  army;    (b)   either 
by  interfering  with  or  compromising  the  use  of  the  establishments 
serving  the  army  of  importance  for  the  people;    (c)    either  by 
promulgating  false  news  of  a  nature  to  hinder  the  military  opera- 
tions of  the  Swiss  army  or  to  scatter  anxiety  and  terror  among 
the  people ; 

(3)  Whoever  in  war  aids  the  enemy  by  services  or  supplies,' or 
who  cooperates  in  a  loan  for  an  enemy  state. 

ABT.  4.  There  will  be  punished  by  imprisonment,  and  in  grave 
cases  by  penal  servitude,  whoever  violates  Swiss  territory  or 
commits  against  Switzerland  or  a  part  of  Switzerland  any  other 
act  contrary  to  international  law ;  whoever  lends  aid  to  any  act 
of  this  kind. 

AKT.  5.  Whoever  in  Swiss  territory  carries  on  an  information 
service  for  the  benefit  of  a  foreign  power  will  be  punished  by 
imprisonment  and  a  fine  of  not  over  20,000  francs.  The  cor- 
respondence and  material  (carrier  pigeons,  aeroplanes,  automo- 
biles, etc.)  will  be  confiscated. 

AKT.  6.  Whoever  disobeys  the  orders  given  or  the  ordinances 
published  by  the  Federal  Council,  the  Federal  military  depart- 
ment, the  commander  of  the  army,  the  territorial  commanders,  or 
any  other  competent  military  authority  for  the  protection  of  the 
military  interests  or  the  safeguarding  of  neutrality  or  in  the 
exercise  of  the  police  power  which  appertains  to  them ;  whoever 
disseminates  news  contrary  to  a  prohibition  of  the  competent 
authority  will  be  punished  by  imprisonment  for  three  years  or  by 
a  fine  of  not  over  10,000  francs  if  he  is  not  liable  to  more  severe 
penal  dispositions.  The  two  penalties  may  be  combined. 


Balloons  and  Aircraft.  77 

ABT.  7.  The  criminal  acts  forbidden  by  the  present  order  will  be 
proceeded  against  and  judged  by  the  military  tribunals  exclu- 
sively according  to  the  application  of  the  military  penal  code  and 
of  the  present  order. 

ART.  8.  In  case  of  a  military  offense  committed,  even  by  a 
civilian,  the  cantonal  authorities  are  bound  to  act  and  to  report 
it  immediately  to  the  commander  of  troops  or  to  the  nearest  mili- 
tary station.  The  commanders  of  troops  and  the  territorial  com- 
manders will  arrest  and  deliver  to  the  civil  authorities  all 
civilians  who  in  the  region  of  their  command  are  guilty  of  a 
criminal  act  in  the  jurisdiction  of  the  ordinary  criminal  tribunals. 

ABT.  9.  The  present  ordinance  comes  immediately  into  force. 
The  Federal  Council  will  fix  the  time  when  it  shall  cease  to  be  in 
force. 

Berne,  August  6,  1914. 

In  the  name  of  the  Swiss  Federal  Council : 

The  President  of  the  Confederation,  HOFFMANN. 
The  Chancellor  of  the  Confederation,  SCHATZMANN. 

Notification  of  the  Swiss  Federal  Government  to  the  Government 
of  the  French  Republic  in  reference  to  balloons  and  air  craft. 
August  8,  191Jt. 

[Journal  Official,  Aug.  10,  1914,  p.  7301.] 

The  Swiss  Federal  Government  has  notified  the  Government  of 
the  Republic  under  date  of  August  8,  1914,  that  in  view  of  the 
maintenance  of  the  neutrality  of  Switzerland  it  is  forbidden  to 
all  balloons  and  air  craft  coming  from  a  foreign  country  to  pass 
in  the  aerial  space  above  the  Swiss  territory.  All  means  will  be 
taken,  if  necessary,  to  prevent  this  passage. 

Letter  of  M.  Hoffmann,  President  of  the  Swiss  Confederation,  to 
M.  Fosciali  concerning  the  sending  of  the  wounded  into  the  neu- 
tral ~one  of  upper  Saroy.  September,  19 /}. 

[Rev.  G«5n.,  Doc.  22  :  187.] 

SIR  :  By  your  letter  of  the  25th  of  this  month  you  wish  to  ex- 
press your  surprise  to  us  that  in  spite  of  the  important  prepara- 
tions made  in  upper  Savoy  for  the  reception  of  wounded  soldiers, 
the  hospitals  and  ambulances  to  provide  for  this  end  are  wanting 
up  to  the  present  time.  On  this  occasion  you  have  repeated  certain 
rumors  which  appear  to  be  circulating  in  Savoy;  rumors  accord- 
ing to  which  the  Federal  Government,  invoking  the  special  situa- 
tion created  in  certain  parts  of  upper  Sa\oy  by  the  international 
treaties  have  raised  some  difficulties  to  admitting  the  introduc- 
tion of  the  wounded  into  these  countries. 

We  desire  to  assure  you,  you  and  your  compatriots,  that  these 
suppositions  are  erroneous  in  all  points.  The  Federal  Council 
has  not  only  raised  no  objection  to  sending  the  wounded  into  the 


78  Reception  of  Wounded. 

neutralized  part  of  upper  Savoy,  but  has  on  the  contrary,  consid- 
ered with  the  greatest  good  will  the  possibility  of  a  measure  of  this 
kind  which  it  only  desires  to  facilitate  as  far  as  it  may  depend 
upon  itself.  We  believe  it  our  duty  to  add,  moreover,  that  accord- 
ing to  our  information,  confirmed  to-day  by  his  excellency  the 
ambassador  of  France  at  Berne,  it  is  only  some  difficulties  of 
communication  which  have  led  the  French  Government  to  refrain, 
for  the  moment,  from  sending  the  wounded  into  upper  Savoy. 

We  have,  doubtless,  no  need  to  assure  you  of  the  entire  sym- 
pathy which  we  feel  for  the  people  of  upper  Savoy,  our  excellent 
neighbors,  and  we  are  persuaded,  moreover,  that  these  people  ask 
no  better  for  their  part  than  to  continue  the  good  relations  so 
happily  and  for  so  long  a  time  existing  between  our  two  countries. 

HOFFMANN. 

Notice  of  the  Council  of  State  of  the  Canton  of  Geneva  concerning 
the  neutralisation  of  a  part  of  upper  Savoy,  of  Chablais,  and  of 
Fancigny.  October,  1914. 

[Rev.  G£n.,  Doc.  22  :  187.] 

The  Council  of  State  has  learned  that  there  have  been  dissemi- 
nated in  the  Department  of  Upper  Savoy  inexact  rumors  on  the 
question  of  the  reception  in  hospitals  of  the  wounded  on  the 
neutralized  territory. 

We  can  declare  that  the  Federal  Council  has  never  made  any 
objection  to  the  reception  of  the  wounded  in  hospitals  in  Savoy. 
If  a  decision  has  been  made  in  this  respect,  it  has  been  by  the 
competent  French  authorities. 

The  present  declaration  is  suggested  to  us  by  the  desire  to 
maintain  in  time  of  war  as  in  time  of  peace  the  excellent  rela- 
tions which  exist  between  the  people  of  upper  Savoy  and  of 
Geneva; 

In  the  name  of  the  Council  of  State  : 

HENRY  FAZY. 

Communication  of  the  Swiss  Federal  Council  on  the  entry  into 
Helvetic  territory  of  the  sick  and  wounded  of  belligerents  tvear- 
ing  civilian  clothes.  October, 


[Rev.  Gen.,  Doc.  22  :  187.] 

The  question  has  been  raised  whether  the  inhabitants  of  a 
belligerent  state  who  have  been  wounded  in  war,  or  have  con- 
tracted a  disease  from  it,  can,  in  order  to  recover  or  to  con- 
valesce, come  for  treatment  into  Switzerland  in  some  of  our  sta- 
tions or  in  a  family,  without  danger  of  being  interned,  it  being 
understood  that  these  persons  wear  civilians'  clothes.  The  Fed- 
eral Council  has  replied  affirmatively  to  the  question,  considering 
that  it  perceives  no  obligation  to  investigate  whether  or  not  per- 


Appeal  to  /Swiss  People.  79 

sons  Vho  cross  the  frontier  in  civilian  dress  belong  to  the  army  of 
any  of  the  belligerent  states. 

Furthermore,  the  Federal  Council  thinks  it  proper  to  render  u 
service  to  the  different  belligerent  states  by  allowing  their  inhabi- 
tants to  procure  without  difficulty  or  delay  the  means  necessary 
to  contribute  thus  to  their  recovery. 

Neiv  appeal  to  the  Swiss  people.     October  1,  1914- 
[Bundesgesetze  und  Verordnungen,  1914,  30:510.] 

Faithful  and  Dear  Members  of  the  Confederation: 

Two  months  have  already  passed  since  the  outbreak  of  the 
gigantic  struggle  of  peoples,  and  the  end  of  this  terrible  conflict  is 
not  yet  in  sight. 

.  At  the  opening  of  the  war  our  authorities  proclaimed  with 
unanimity  the  complete  neutrality  of  Switzerland.  The  whole 
paople  has  approved  this  decision,  and  we  have  the  firm  resolve 
scrupulously  to  maintain  this  neutrality  by  all  means  at  the  dis- 
posal of  the  country.  This  attitude  has  spared  us  the  horrors  of 
war,  but  it  imposes  on  us  also  some  duties  and  some  sacrifices. 
There  is  not  everywhere  a  clear  consciousness  of  these  duties  and 
of  these  sacrifices.  In  our  method  of  judging  the  event  and  in  the 
expression  of  our  sympathy  for  the  different  nations,  we  ought  to 
observe  the  greatest  reserve  to  avoid  that  which  might  wound  the 
states  and  the  peoples  involved  in  the  war  and  to  guard  ourselves 
from  all  partiality.  To  judge  with  calmness  and  moderation  the 
events  does  not  at  all  mean  to  be  oblivious  of  sympathy  and 
feeling ;  the  heart  of  each  citizen  will  continue  to  beat  warmly  for 
those  to  whom  they  are  attached  by  particularly  strong  bonds  or 
whose  fate  is  dear  to  them  before  everything. 

Only  if  each  observes  this  attitude  will  it  be  possible  to  accom- 
plish the  duties  which  spring  from  our  situation  of  a  neutral 
state  and  to  maintain  the  good  relations  of  our  country  with  the 
other  states.  This  interest  has  never  been  greater  than  in  the 
present  confusion  of  Europe,  and  it  has  never  been  more  difficult 
to  safeguard. 

But  more  important  yet,  than  the  regard  due  to  foreign  nations 
and  of  a  vital  interest  to  our  country,  is  the  maintenance  between 
ourselves  of  an  energetic  cohesion,  of  an  unshaken  unity.  This 
unity,  absolutely  necessary  to-day,  that  the  culture,  the  economic 
and  financial  situation  of  our  country  may  receive  serious  con- 
sideration, will  to-morrow  be  equally  necessary,  when  it  is  a 
question  of  healing  the  wounds  by  a  union  of  all  efforts.  History 
teaches  us  that  Switzerland  has  never  suffered  the  greatest  calami- 
ties nor  endured  the  greatest  losses,  except,  when  distraught  by 
domestic  quarrels,  she  has  been  enfeebled  by  ,a  lack  of  unity.  At 
this  moment  when  the  fate  of  peoples  is  at  stake,  we  must  recall 
the  lessons  of  history  and  guard  ourselves  from  insisting  in  a 
manner  imprudent,  passionate  or  offensive  on  those  things  which 


80  /Swiss  Order  Concerning  Deserters. 

separate  us,  by  enfeebling  the  sentiments  which  unite  us,  instead 
of  fortifying  them  by  patriotically  recalling  those  things  which 
bring  us  together. 

We  address  to  each  citizen  and  particularly  to  the  Swiss  press 
of  all  parties,  of  all  languages,  and  of  all  regions,  a  pressing  ap- 
peal for  moderation  and  reserve.  It  is  the  press  which  expresses 
and  directs  public  opinion.  It  has  the  noble  task  of  confining  the 
unchained  passion,  of  combatting  the  tendencies  which  divide  and 
of  exercising  especially  its  influence  to  moderate  and  conciliate. 

The  hard  times  of  trial  through  which  we  pass  ought  to  become 
the  point  of  departure  for  an  intellectual,  economic,  and  political 
uplift.  We  require  for  this  end  the  union  of  all  the  forces  of  our 
people.  There  ought  to  be  no  irreconcilable  barriers  of  race  or  of 
language.  We  see  the  ideal  of  our  fatherland  in  a  community  of 
civilization  which  rises  above  race  and  language.  First  and  be- 
fore all  we  are  Swiss  only  in  the  second  place  Latin  or  German. 
Above  all  the  sympathies  for  the  nations  to  which  we  are  at- 
tached by  a  common  origin,  there  is  for  us  the  welfare  of  the 
fatherland,  of  that  fatherland  which  is  common  to  us  all.  It  is  to 
this  icelfare  of  the  fatherland  that  we  ought  to  subordinate  all 
else. 

In  the  hope  that  this  appeal  will  be  heard,  we  recommend  you 
with  ourselves,  faithful  and  dear  members  of  the  Confederation, 
to  the  divine  protection. 

Berne,  October  1,  1914. 

In  the  name  of  the  Swiss  Federal  Council : 

The  President  of  the  Confederation,  HOFFMANN. 
The  Chancellor  of  the  Confederation,  SCHATZMANN. 

Order  of  the  Federal  Council  concerning  foreign  deserters  and 
fugitive  conscripts.     June  30,  1916. 

[Lois  Suisse,  July  5,  1916.] 

The  Swiss  Federal  Council. 

Relying  on  article  3  of  the  Federal  order  of  August  3,  1914. 
concerning  measures  appropriate  for  assuring  the  security  of 
the  country  and  the  maintenance  of  its  neutrality ; 

Considering  that,  with  the  exception  of  measures  which  ap- 
pear necessary  in  the  interests  of  the  national  defense,  it  is  pri- 
marily incumbent  upon  the  Cantons  to  concern  themselves  with 
foreign  deserters  and  fugitive  conscripts  ( refractaires ) ,  yet  the 
extraordinary  circumstances  of  the  present  time  demand  nothing 
less  than  the  intervention  of  the  Confederation  in  the  matter ; 

Orders: 

ARTICLE  1.  During  the  state  of  war,  foreign  deserters,  and 
fugitive  conscripts  can  not  be  conducted  beyond  the  Swiss  fron- 
tier or  removed  from  one  Canton  into  another  or  even  expelled 
from  a  Canton.  No  distinction  is  made  between  deserters  and 
fugitive  conscripts,  as  to  their  treatment  in  Switzerland,  except 
to  the  extent  that  this  distinction  appears  necessary  for  mill- 


Deserters  and  Fugitives.  81 

tary  reasons.  The  Federal  Council  reserves  to  itself  the  right 
to  declare  during  the  war  the  expulsion  from  Swiss  territory 
of  deserters  and  fugitive  conscripts,  who  may  have  made  them- 
selves liable  for  grave  offenses.  The  commander  of  the  army 
will  decide  on  the  toleration  of  foreign  deserters  and  fugitive 
conscripts  in  the  zone  of  the  army. 

ABT.  2.  When  deserters  and  fugitive  conscripts  not  possessing 
identification  papers  or  providing  insufficient  identification 
papers,  have  been  permitted  in  Switzerland  before  the  entrance 
into  the  war  of  the  State  from  which  they  came,  it  is  the  duty 
of  the  Canton  to  which  they  have  been  admitted  on  the  last 
occasion  to  provide  for  them. 

ABT.  3.  As  to  deserters  or  fugitive  conscripts  entering  Switzer- 
land after  the  entry  into  the  war  of  the  State  from  which  they 
come,  as  well  as  those  whose  recognition  papers  have  proved 
fraudulent  after  the  said  date  and  finally  those  whose  recogni- 
tion papers  are  not  considered  valid  by  the  State  of  origin,  the 
Canton  where  they  reside  or  to  which  they  are  attributed  is 
bound  to  demand  sufficient  securities  of  them  for  the  dis- 
turbances of  public  law  and  of  an  economic  nature  resulting 
from  the  fact  that  they  are  tolerated  on  Swiss  territory.  The 
Cantons  will  determine  the  amount  and  the  nature  of  the  securi- 
ties and  designate  the  authority  to  which  these  should  be  fur- 
nished. The  Cantonal  governments  are  authorized  to  publish 
the  necessary  regulations,  when  the  Cantonal  legislation  does  not 
contain  provisions  relating  to  securities  or  when  the  existing 
provisions  are  insufficient.  The  dispositions  of  the  Cantons  rela- 
tive to  securities  will  be  submitted  to  the  approval  of  the  Federal 
Council  which  reserves  to  itself  the  right  of  amending  or  modi- 
fying the  same. 

ABT.  4.  If  a  deserter  or  fugitive  conscript  abandon  the  place 
of  his  residence  to  establish  himself  in  another  Canton,  the 
securities  furnished  by  him  are  retained  and  constitute  an  equal 
guaranty  for  the  Canton  of  his  new  residence.  The  securities 
furnished  on  decision  of  the  military  authorities  by  a  deserter 
or  fugitive  conscript  will  be  remitted  to  the  Canton  in  which  the 
person  has  his  residence.  The  military  authorities  can  not,  here- 
after, require  securities. 

ART.  5.  The  Cantons  will  establish  special  lists  of  all  deserters 
and  fugitive  conscripts  found  within  their  territory  and  will 
transmit  copies  of  these  lists  to  the  Swiss  department  of  justice 
and  police.  They  will  communicate  to  the  said  department  all 
modifications  occurring  in  the  contents  of  the  lists.  The  Swiss 
department  of  justice  and  police  is  empowered  to  publish  the 
necessary  prescriptions  as  to  the  initiation  and  continuance  of 
the  lists. 

ABT.  6.  The  securities  will  furnish  compensation,  in  the  first 
place,  for  the  disturbances  of  public  law  and  of  an  economic 
nature  resulting  to  the  Cantons  from  the  toleration  on  their 
79596 — 17 6 


82  Neutrality  Proclamation^  United  States. 

territory  of  deserters  and  fugitive  conscripts,  indicated  in  article 
3  above.  In  cases  where  these  securities  are  insufficient,  or  if 
they  have  not  been  obtainable,  the  confederation  will  assume  the 
responsibility.  The  Federal  council  will  fix  definitely  the  in- 
demnity to  be  accorded  by  the  confederation. 

ART.  7.  The  commander  of  the  army  and  the  Swiss  military 
department  will  publish,  in  agreement  with  the  Swiss  department 
of  justice  and  police,  the  necessary  prescriptions  as  to  the  admis- 
sion of  deserters  and  fugitive  conscripts  into  Switzerland  (control 
of  the  frontier)  and  the  procedure  to  which  these  should  be  sub- 
mitted after  passage  of  the  frontier. 

AKT.  8.  The  competent  administrative  authorities  of  the  Can- 
tons or  of  the  confederation  will  intern  in  appropriate  establish- 
ments deserters  or  fugitive  conscripts  who  constitute  a  public 
danger  or  who  oppose  or  are  not  satisfied  with  the  orders  of  the 
authorities  or  who,  in  some  other  manner,  give  occasion  for  com- 
plaints which  appear  to  necessitate  resort  to  internment.  The 
Cantonal  governments  will  publish  the  necessary  prescriptions  as 
to  the  measure  to  be  taken  by  the  Cantonal  authorities  in  this 
matter.  The  Swiss  department  of  justice  and  police  will  offer  its 
cooperation  to  the  Cantons  which  do  not  possess  suitable  establish- 
ments in  choosing  the  place  of  internment.  When  the  internment 
concerns  one  of  the  classes  indicated  in  article  3  and  the  securities 
eventually  furnished  are  not  sufficient  to  cover  the  expense,  the 
confederation  will  be  charged  for  this  amount,  provided  the 
internment  has  been  approved  by  the  Swiss  department  of  justice 
and  police. 

ART.  9.  The  Federal  council  will  decide  definitely  upon  contro- 
versies which  may  arise  over  the  execution  of  the  present  order 
with  reservation  of  article  1,  sentence  4. 

ABT.  10.  The  present  order  will  come  immediately  into  force. 
The  Federal  council  will  fix  the  date  at  which  the  order  will 
cease  to  be  in  force. 

Berne,  June  30,  1916. 

In  the  name  of  the  Swiss  Federal  Council : 

The  President  of  the  Confederation,  DECOPPET. 
The  Chancellor  of  the  Confederation,  SCHATZMANN. 

UNITED  STATES. 

Proclamation  of  Neutrality.    August  4>  1914? 

[38  U.  S.  Stat.  1999.] 
BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 

v 

A  PROCLAMATION. 

Whereas  a  state  of  war  unhappily  exists  between  Austria- 
Hungary  and  Servia  and  between  Germany  and  Russia  and  be- 

1  Additional  proclamations  Identical  In  character  were  Issued  as  follows : 
For  the  war  between  Germany  and  Great  Britain  on  August  5,  1914 
[No.  1272]  ; 


General  Provisions.  83 

tween  Germany  aud  France ;  and  whereas  the  United  States  is  on 
terms  of  friendship  and  amity  with  the  contending  powers,  and 
with  the  persons  inhabiting  their  several  dominions ; 

And  whereas  there  are  citizens  of  the  United  States  residing 
within  the  territories  or  dominions  of  each  of  the  said  belligerents, 
and  carrying  on  commerce,  trade,  or  other  business  or  pursuits 
therein ; 

And  whereas  there  are  subjects  of  each  of  the  said  belligerents 
residing  within  the  territory  or  jurisdiction  of  the  United  States, 
and  carrying  on  commerce,  trade,  or  other  business  or  pursuits 
therein ; 

And  whereas  the  laws  and  treaties  of  the  United  States,  with- 
out interfering  with  the  free  expression  of  opinion  and  sympathy, 
or  with  the  commercial  manufacture  or  sale  of  arms  or  munitions 
of  war,  nevertheless  impose  upon  all  persons  who  may  be  within 
their  territory  and  jurisdiction  the  duty  of  an  impartial  neutrality 
during  the  existence  of  the  contest ; 

And  whereas  it  is  the  duty  of  a  neutral  government  not  to  per- 
mit or  suffer  the  making  of  its  waters  subservient  to  the  purposes 
of  war ; 

Now,  therefore,  I,  WOODKOW  WILSON,  President  of  the  United 
States  of  America,  in  order  to  preserve  the  neutrality  of  the 
United  States  and  of  its  citizens  and  of  persons  within  its  terri- 
tory and  jurisdiction,  and  to  enforce  its  laws  and  treaties,  and  in 
order  that  all  persons,  being  warned  of  the  general  tenor  of  the 
laws  and  treaties  of  the  United  States  in  this  behalf,  and  of  the 
law  of  nations,  may  thus  be  prevented  from  any  violation  of  the 
same,  do  hereby  declare  and  proclaim  that  by  certain  provisions 
of  the  act  approved  on  the  4th  day  of  March,  A.D.  1909,  commonly 

For  the  state  of  war  between  Austria-Hungary  and  Russia  on  August  7, 
1914  [No.  1273]  ; 

For  the  state  of  war  between  Great  Britain  and  Austria-Hungary, 
August  13,  1914  [No.  1274]  ; 

For  the  state  of  war  between  France  and  Austria-Hungary,  August  14, 
1914  [No.  1275]  ; 

As  a  result  of  the  United  States  being  "  in  fact  aware  of  the  existence 
of  a  state  of  war  between  Belgium  and  Germany,"  August  IS,  1914  [No. 
1276]  ; 

For  the  state  of  war  between  Japan  and  Germany,  August  24,  1914  [No. 
1277]  ; 

For  the  state  of  war  between  Japan  and  Austria-Hungary,  August  27, 
1914  [No.  1278]  ; 

For  the  state  of  war  between  Belgium  and  Austria-Hungary,  September 
1,  1914  [No.  1280]  ; 

For  the  state  of  war  between  Great  Britain  and  Turkey,  November  6, 
1914  [No.  1286]  ; 

For  the  stale  of  war  between  Italy  and  Austria-Hungary.  May  24,  1915. 

For  the  state  of  war  between  Italy  and  Turkey,  August  22,  1915. 

For  the  state  of  war  between  France,  Great  Britain,  Italy,  and  Servia 
and  Bulgaria,  November  11,  1915. 

For  the  state  of  war  between  Germany  and  Portugal,  March  3,  1916. 
For  the  state  of  war  between  Germany  and  Italy,  August  30.  1916. 


84  Neutrality  Proclamation,  United  States. 

known  as  the  "  Penal  Code  of  the  United  States,"  the  following 
acts  are  forbidden  to  be  done,  under  severe  penalties,  within  the 
territory  and  jurisdiction  of  the  United  States,  to  wit : 

1.  Accepting  and  exercising  a  commission  to  serve  either  of  the 
said  belligerents  by  land  or  by  sea  against  the  other  belligerent. 

2.  Enlisting  or  entering  into  the  service  of  either  of  said  bellig- 
erents as  a  soldier,  or  as  a  marine,  or  seaman  on  board  of  any 
vessel  of  war,  letter  of  marque,  or  privateer. 

3.  Hiring  or  retaining  another  person  to  enlist  or  enter  himself 
in  the  service  of  either  of  the  said  belligerents  as  a  soldier,  or  as  a 
marine,  or  seaman  on  board  of  any  vessel  of  war,  letter  of  marque, 
or  privateer. 

4.  Hiring  another  person  to  go  beyond  the  limits  or  jurisdiction 
of  the  United  States  with  intent  to  be  enlisted  as  aforesaid. 

5.  Hiring  another  person  to  go  beyond  the  limits  of  the  United 
States  with  intent  to  be  entered  into  service  as  aforesaid. 

6.  Retaining  another  person  to   go  beyond  the  limits   of  the 
United  States  with  intent  to  be  enlisted  as  aforesaid. 

7.  Retaining   another  person   to   go  beyond   the  limits  of  the 
United  States  with  intent  to  be  entered  into  service  as  aforesaid. 
(But  the  said  act  is  not  to  be  construed  to  extend  to  a  citizen  or 
subject  of  either  belligerent  who,  being  transiently   within   the 
United  States,  shall,  on  board  of  any  vessel  of  war,  which,  at  the 
time   of   its    arrival   within   the   United    States,   was   fitted    and 
equipped  as  such  vessel  of  war,  enlist  or  enter  himself  or  hire  or 
retain  another  subject  or  citizen  of  the  same  belligerent,  who  is 
transiently  within  the  United  States,  to  enlist  or  enter  himself  to 
serve  such  belligerent  on  board  such  vessel  of  war,  if  the  United 
States  shall  then  be  at  peace  with  such  belligerent.) 

8.  Fitting  out  and  arming,  or  attempting  to  fit  out  and  arm,  or 
procuring  to  be  fitted  out  and  armed,  or  knowingly  being  con- 
cerned in  the  furnishing,  fitting  out,  or  arming  of  any  ship  or  ves- 
sel with  intent  that  such  ship  or  vessel  shall  be  employed  in  the 
service  of  either  of  the  said  belligerents. 

9.  Issuing  or  delivering  a  commission  within  the  territory  or 
jurisdiction  of  the  United  States  for  any  ship  or  vessel  to  the 
intent  that  she  may  be  employed  as  aforesaid. 

10.  Increasing  or  augmenting,  or  procuring  to  be  increased  or 
augmented,  or  knowingly  being^  concerned  in  increasing  or  aug- 
menting, the  force  of  any  ship  of  war,  cruiser,  or  other  armed 
vessel,  which  at  the  time  of  her  arrival  within  the  United  States 
was  a  ship  of  war,  cruiser,  or  armed  vessel  in  the  service  of  either 
of  the  said  belligerents,  or  belonging  to  the  subjects  of  either,  by 
adding  to  the  number  of  guns  of  such  vessels,  or  by  changing 
those  on  board  of  her  for  guns  of  a  larger  caliber,  or  by  the  addi- 
tion thereto  of  any  equipment  solely  applicable  to  war. 

11.  Beginning  or  setting  on  foot  or  providing  or  preparing  the 
means  for  any  military  expedition  or  enterprise  to  be  carried  on 


Use  of  Waters.  85 

from  the  territory  or  jurisdiction  of  the  United  States  against  the 
territories  or  dominions  of  either  of  the  said  belligerents. 

And  I  do  hereby  further  declare  and  proclaim  that  any  fre- 
quenting and  use  of  the  waters  within  the  territorial  jurisdiction 
of  the  United  States  by  the  armed  vessels  of  a  belligerent,  whether 
public  ships  or  privateers,  for  the  purpose  of  preparing  for  hostile 
operations,  or  as  posts  of  observation  upon  the  ships  of  war  or 
privateers  or  merchant  vessels  of  a  belligerent  lying  within  or  be- 
ing about  to  enter  the  jurisdiction  of  the  United  States,  must  be 
regarded  as  unfriendly  and  offensive,  and  in  violation  of  that 
neutrality  which  it  is  the  determination  of  this  government  to 
observe ;  and  to  the  end  that  the  hazard  and  inconvenience  of 
such  apprehended  practices  may  be  avoided,  I  further  proclaim 
and  declare  that  from  and  after  the  fifth  day  of  August  instant, 
and  during  the  continuance  of  the  present  hostilities  between 
Austria-Hungary  and  Servia,  and  Germany  and  Russia  and  Ger- 
many and  France,  no  ship  of  war  or  privateer  of  any  belligerent 
shall  be  permitted  to  make  use  of  any  port,  harbor,  roadstead,  or 
other  waters  within  the  jurisdiction  of  the  United  States  as  a 
station  or  place  of  resort  for  any  warlike  purpose  or  for  the  pur- 
pose of  obtaining  any  facilities  of  warlike  equipment ;  and  no  ship 
of  war  or  privateer  of  either  belligerent  shall  be  permitted  to  sail 
out  of  or  leave  any  port,  harbor,  roadstead,  or  waters  subject  to 
the  jurisdiction  of  the  United  States  from  which  a  vessel  of  an 
opposing  belligerent  (whether  the  same  shall  be  a  ship  of  war,  a 
privateer,  or  a  merchant  ship)  shall  have  previously  departed, 
until  after  the  expiration  of  at  least  twenty-four  hours  from  the 
departure  of  such  last-mentioned  vessel  beyond  the  jurisdiction  of 
the  United  States. 

If  any  ship  of  war  or  privateer  of  a  belligerent  shall,  after  the 
time  this  notification  takes  place,  enter  any  port,  harbor,  road- 
stead, or  waters  of  the  United  States,  such  vessel  shall  be  required 
to  depart  and  to  put  to  sea  within  twenty-four  hours  after  her 
entrance  into  such  port,  harbor,  roadstead,  or  waters,  except  in 
case  of  stress  of  weather  or  of  her  requiring  provisions  or  things 
necessary  for  the  subsistence  of  her  crew,  or  for  repairs ;  in  any 
of  which  cases  the  authorities  of  the  port,  or  of  the  nearest  port 
(as  the  case  may  be),  shall  require  her  to  put  to  sea  as  soon  as 
possible  after  the  expiration  of  such  period  of  twenty-four  hours, 
without  permitting  her  to  take  in  supplies  beyond  what  may  be 
necessary  for  her  immediate  use ;  and  no  such  vessel  which  may 
have  been  permitted  to  remain  within  the  waters  of  the  United 
States  for  the  purpose  of  repair  shall  continue  within  such  port, 
harbor,  roadstead,  or  waters  for  a  longer  period  than  twenty- 
four  hours  after  her  necessary  repairs  shall  have  been  completed, 
unless  within  such  twenty-four  hours  a  vessel,  whether  ship  of 
war,  privateer,  or  merchant  ship  of  an  opposing  belligerent,  shall 
have  departed  therefrom,  in  which  case  the  time  limited  for  the 
departure  of  such  ship  of  war  or  privateer  shall  be  extended  so 
far  as  may  be  necessary  to  secure  an  interval  of  not  less  than 


86  Neutrality  Proclamation,  United  States. 

twenty-four  hours  between  such  departure  and  that  of  any  ship 
of  war,  privateer,  or  merchant  ship  of  an  opposing  belligerent 
which  may  have  previously  quit  the  same  port,  harbor,  roadstead, 
or  waters. 

No  ship  of  war  or  privateer  of  a  belligerent  shall  be  detained  in 
any  port,  harbor,  roadstead,  or  waters  of  the  United  States  more 
than  twenty-four  hours,  by  reason  of  the  successive  departures 
from  such  port,  harbor,  roadstead,  or  waters  of  more  than,  one 
vessel  of  an  opposing  belligerent.  But  if  there  be  several  vessels 
of  opposing  belligerents  in  the  same  port,  harbor,  roadstead,  or 
waters,  the  order  of  their  departure  therefrom  shall  be  so  ar- 
ranged as  to  afford  the  opportunity  of  leaving  alternately  to  tire 
vessels  of  the  opposing  belligerents,  and  to  cause  the  least  deten- 
tion consistent  with  the  objects  of  this  proclamation. 

No  ship  of  war  or  privateer  of  a  belligerent  shall  be  permit- 
ted, while  in  any  port,  harbor,  roadstead,  or  waters  within  the 
jurisdiction  of  the  United  States,  to  take  in  any  supplies  except 
provisions  and  such  other  things  as  may  be  requisite  for  the  sub- 
sistence of  her  crew,  and  except  so  much  coal  only  as  may  be 
sufficient  to  carry  such  vessel,  if  without  any  sail  power,  to  the 
nearest  port  of  her  own  country ;  or  in  case  the  vessel  is  rigged 
to  go  under  sail,  and  may  also  be  propelled  by  steam  power, 
then  with  half  the  quantity  of  coal  which  she  would  be  entitled 
to  receive,  if  dependent  upon  steam  alone,  and  no  coal  shall  be 
again  supplied  to  any  such  ship  of  war  or  privateer  in  the  same 
or  any  other  port,  harbor,  roadstead,  or  waters  of  the  United 
States,  without  special  permission,  until  after  the  expiration  of 
three  months  from  the  time  when  such  coal  may  have  been  -last 
supplied  to  her  within  the  waters  of  the  United  States,  unless 
such  ship  of  war  or  privateer  shall,  since  last  thus  supplied, 
have  entered  a  port  of  the  government  to  which  she  belongs. 

And  I  do  further  declare  and  proclaim  that  the  statutes  and 
the  treaties  of  the  United  States  and  the  law  of  nations  alike 
require  that  no  person,  within  the  territory  and  jurisdiction  of 
the  United  States,  shall  take  part,  directly  or  indirectly,  in  the 
said  wars,  but  shall  remain  at  peace  with  all  of  the  said  bellig- 
erents, and  shall  maintain  a  strict  and  impartial  neutrality. 

And  I  do  hereby  enjoin  all  citizens  of  the  United  States,  and 
all  persons  residing  or  being  within  the  territory  or  jurisdiction 
of  the  United  States,  to  observe  the  laws  thereof,  and  to  commit 
no  act  contrary  to  the  provisions  of  the  said  statutes  or  treaties 
or  in  violation  of  the  law  of  nations  in  that  behalf. 

And  I  do  hereby  warn  all  citizens  of  the  United  States,  and  all 
persons  residing  or  being  within  its  territory  or  jurisdiction  that, 
while  the  free  and  full  expression  of  sympathies  in  public  and 
private  is  not  restricted  by  the  laws  of  the  United  States,  mili- 
tary forces  in  aid  of  a  belligerent  cannot  lawfully  be  originated 
or  organized  within  its  jurisdiction;  and  that,  while  all  persons 
may  lawfully  and  without  restriction  by  reason  of  the  aforesaid 


Radio  Communication.  87 

state  of  war  manufacture  and  sell  within  the  United  States  arms 
and  munitions  of  war,  and  other  articles  ordinarily  known  as 
"contraband  of  war,"  yet  they  cannot  carry  such  articles  upon 
the  high  seas  for  the  use  or  service  of  a  belligerent,  nor  can 
they  transport  soldiers  and  officers  of  a  belligerent,  or  attempt 
to  break  any  blockade  which  may  be  lawfully  established  and 
maintained  during  the  said  war  without  incurring  the  risk  of 
hostile  capture  and  the  penalties  denounced  by  the  law  of 
nations  in  that  behalf. 

And  I  do  hereby  give  notice  that  all  citizens  of  the  United 
States  and  others  who  may  claim  the  protection  of  this  govern- 
ment, who  may  misconduct  themselves  in  the  premises,  will  do 
so  at  their  peril,  and  that  they  can  in  no  wise  obtain  any  pro- 
tection from  the  government  of  the  United  States  against  the 
consequences  of  their  misconduct. 

IN  WITNESS  WHEREOF  I  have  hereunto  set  my  hand  and  caused 
the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  city  of  Washington  this  fourth  day  of  August 
in  the  year  of  our  Lord  one  thousand  nine  hundred  and  four- 
teen and  of  the  independence  of  the  United  States  of  America 
the  one  hundred  and  thirty-ninth. 

[SEAL.]  WOODROW  WILSON. 

By  the  President: 

WILLIAM  JENNINGS  BRYAN, 

Secretary  of  State. 

Executive  order  of  the  President  with  reference  to  radio  com- 
munication, August  5,  1914- 

Whereas  Proclamations  having  been  issued  by  me  declaring  the 
neutrality  of  the  United  States  of  America  in  the  wars  now  ex- 
isting between  various  European  nations ;  and 

Whereas  it  is  desirable  to  take  precautions  to  insure  the  en- 
forcement of  said  Proclamations  in  so  far  as  the  use  of  radio 
communication  is  concerned ; 

It  is  now  ordered,  by  virtue  of  authority  vested  in  me  to  estab- 
lish regulations  on  the  subject,  that  all  radio  stations  within  the 
jurisdiction  of  the  United  States  of  America  are  hereby  prohib- 
ited from  transmitting  or  receiving  for  delivery  messages  of  an 
unneutral  nature,  and  from  in  any  way  rendering  to  any  one  of 
the  belligerents  any  unneutral  service,  during  the  continuance 
of  hostilities. 

The  enforcement  of  this  order  is  hereby  delegated  to  the  Secre- 
tary of  the  Navy,  who  is  authorized  and  directed  to  take  such 
action  in  the  premises  as  to  him  may  appear  necessary. 

This  order  to  take  effect  from  and  after  this  date. 

WOODROW  WILSON. 

The  WHITE  HOUSE. 


88  Military  Service  Liability. 

Circular  of  the  Department  of  State  with  Reference  to  Liability 
for  Military  Service  in  Foreign  Countries  of  Persons  Residing 
in  the  United  States.  August  14,  1914. 

The  Department  of  State  has  recently  received  numerous  in- 
quiries from  foreign-born  persons  residing  in  this  country  as  to 
whether  they  may  be  compelled  to  perform  military  service  in 
their  native  lands  and  as  to  what  penalties,  by  way  of  fines,  con- 
fiscation of  property,  or  imprisonment  in  case  of  return,  they  will 
incur  if  they  fail  to  report  to  the  authorities  of  their  country  of 
origin  for  military  service.  Some  of  the  inquiries  refer  to  persons 
who  have  obtained  naturalization  as  citizens  of  the  United  States, 
others  to  persons  who  have  made  declarations  of  intention  to  be- 
come American  citizens,  and  still  others  to  persons  who  have 
taken  no  steps  toward  acquiring  American  citizenship.  Miscon- 
ception and  confusion  concerning  this  matter  appear  to  be  current. 

The  United  States  is  not  a  party  to  any  treaties  under  which 
persons  of  foreign  origin  residing  in  this  country  may  be  com- 
pelled to  return  to  their  countries  of  origin  for  military  service, 
nor  is  there  any  way  in  which  persons  may  be  forced  into  foreign 
armies  agafnst  their  will  so  long  as  they  remain  in  the  United 
States. 

The  Department  cannot  undertake  to  give  authentic,  official 
information  either,  in  general,  .as  to  the  requirements  of  the  mili- 
tary service  laws  of  foreign  countries  and  the  penalties  provided 
therein  for  evasion  of  military  service,  or,  in  particular,  as  to  the 
status  and  present  or  future  liabilities  of  individuals  under  such 
Laws.  Information  of  this  kind  must  be  obtained  from  officials 
of  the  foreign  countries  concerned. 

The  Department  issues  printed  circulars  concerning  the  status 
in  their  native  lands  of  naturalized  citizens  of  the  United  States, 
natives  of  certain  European  countries,  and  these  will  be  fur- 
nished to  interested  persons  upon  request.  It  is  specifically  stated 
in  these  circulars  that  the  information  contained  in  them  is  not 
to  be  considered  as  official  so  far  as  it  relates  to  the  laws  and 
regulations  of  foreign  countries. 

The  United  States  has  concluded  treaties  of  naturalization 
with  the  following  European  countries :  Austria-Hungary,  Bel- 
gium, Denmark,  the  German  States,  Great  Britain,  Norway,  and 
Sweden.  Copies  of  these  treaties  are  to  be  found  in  "  Treaties, 
Conventions,  etc.,  between  the  United  States  of  America  and 
Other  Powers"  (Government  Printing  Office,  1910),  and  separate 
copies  may  be  furnished  by  the  Department  upon  request.  Under 
these  treaties  the  naturalization  of  persons  concerned  as  citizens 
of  the  United  States  and  the  termination  of  their  former  allegiance 
are  recognized,  with  the  reservation,  in  most  of  them,  that  such 
persons  remain  liable  to  trial  and  punishment  in  their  native 
lands  for  offenses  committed  prior  to  emigration  therefrom,  in- 
cluding offenses  of  evasion  of  military  duty.  The  United  States 


Appeal  to  American  People.  89 

holds  that  no  naturalized  citizen  of  this  country  can  rightfully  be 
held  to  account  for  military  liability  to  his  native  land  accruing 
subsequent  to  emigration  therefrom,  but  this  principle  may  be 
contested  by  countries  with  which  the  United  States  has  not 
entered  into  treaties  of  naturalization.  The  latter  countries  may 
hold  that  naturalization  of  their  citizens  or  subjects  as  citizens 
of  other  countries  has  no  effect  upon  their  original  military  obli- 
gation, or  may  deny  the  right  of  their  citizens  or  subjects  to 
become  naturalized  as  citizens  of  other  countries,  in  the  absence 
nf  express  consent  or  without  the  fulfillment  of  military  obliga- 
tions. More  specific  information  as  to  the  Department's  under- 
standing of  the  laws  of  these  countries  concerning  nationality  and 
military  obligations  may  be  found  in  the  Department's  circulars 
mentioned  above. 

It  is  important  to  observe  that  an  alien  who  declares  his  inten- 
tion to  become  a  citizen  of  the  United  States  does  not,  at  the  time 
of  making  such  declaration,  renounce  allegiance  to  his  original 
sovereign,  but  merely  declares  that  he  intends  to  do  so.  Such 
person  does  not,  by  his  declaration  of  intention,  acquire  the  status 
of  a  citizen  of  the  United  States. 

W.  J.  BRYAN. 

Appeal  to  the  American  people  by  President  Wilson,  August  J8, 

191Jf. 

MY  FELLOW  COUNTRYMEN  : 

I  suppose  that  every  thoughtful  man  in  America  has  asked 
himself,  during  the  last  troubled  weeks,  what  influence  the 
European  war  may  exert  upon  the  United  States,  and  I  take 
the  liberty  of  addressing  a  few  words  to  you  in  order  to  point 
out  that  it  is  entirely  within  our  own  choice  what  its  effects 
upon  us  will  be  and  to  urge  very  earnestly  upon  you  the  sort  of 
speech  and  conduct  which  will  best  safeguard  the  Nation  against 
distress  and  disaster. 

The  effect  of  the  war  upon  the  United  States  will  depend  upon 
what  American  citizens  say  and  do.  Every  man  who  really  loves 
America  will  act  and  speak  in  the  true  spirit  of  neutrality,  which 
is  the  spirit  of  impartiality  and  fairness  and  friendliness  to  all 
concerned.  The  spirit  of  the  Nation  in  this  critical  matter  will 
be  determined  largely  by  what  individuals  and  society  and  those 
gathered  in  public  meetings  do  and  say,  upon  what  newspapers 
and  magazines  contain,  upon  what  ministers  utter  in  their  pulpits, 
and  men  proclaim  as  their  opinions  on  the  street. 

The  people  of  the  United  States  are  drawn  from  many  nations, 
and  chiefly  from  the  nations  now  at  war.  It  is  natural  and  in- 
evitable that  there  should  be  the  utmost  variety  of  sympathy  and 
desire  among  them  with  regard  to  the  issues  and  circumstances  of 
the  conflict.  Some  will  wish  one  nation,  others  another,  to  succeed 
in  the  momentous  struggle.  It  will  be  easy  to  excite  passion  and 
difficult  to  allay  it.  Those  responsible  for  exciting  it  will  assume 


90  Radio  Communication. 

a  heavy  responsibility,  responsibility  for  no  less  a 'thing  than 
that  the  people  of  the  United  States,  whose  love  of  their  country 
and  whose  loyalty  to  its  Government  should  unite  them  as 
Americans  all,  bound  in  honor  and  affection  to  think  first  of  her 
and  her  interests,  may  be  divided  in  camps  of  hostile  opinion, 
hot  against  each  other,  involved  in  the  war  itself  in  impulse 
and  opinion  if  not  in  action. 

Such  divisions  among  us  would  be  fatal  to  our  peace  of  mind 
and  might  seriously  stand  in  the  way  of  the  proper  performance 
of  our  duty  as  the  one  great  Nation  at  peace,  the  one  people 
holding  itself  ready  to  play  a  part  of  impartial  mediation  and 
speak  the  counsels  of  peace  and  accommodation,  not  as  a  partisan, 
but  as  a  friend. 

I  venture,  therefore,  my  fellow  countrymen,  to  speak  a  solemn 
word  of  warning  to  you  against  that  deepest,  most  subtle,  most 
essential  breach  of  neutrality  which  may  spring  out  of  partisan- 
ship, out  of  passionately  taking  sides.  The  United  States  must 
be  neutral  in  fact  as  well  as  in  name  during  these  days  that  are 
to  try  men's  souls.  We  must  be  impartial  in  thought  as  well  as 
action,  must  put  a  curb  upon  our  sentiments  as  well  as  upon 
every  transaction  that  might  be  construed  as  a  preference  of  one 
party  to  the  struggle  before  another. 

My  thought  is  of  America.  I  am  speaking,  I  feel  sure,  the 
earnest  wish  and  purpose  of  every  thoughtful  American  that  this 
great  country  of  ours,  which  is,  of  course,  the  first  in  our  thoughts 
and  in  our  hearts,  should  show  herself  in  this  time  of  peculiar 
trial  a  Nation  fit  beyond  others  to  exhibit  the  fine  poise  of  undis- 
turbed judgment,  the  dignity  of  self-control,  the  efficiency  of  dis- 
passionate action ;  a  Nation  that  neither  sits  in  judgment  upon 
others  nor  is  disturbed  in  her  own  counsels  and  which  keeps 
herself  fit  and  free  to  do  what  is  honest  and  disinterested  and 
truly  serviceable  for  the  peace  of  the  world. 

Shall  we  not  resolve  to  put  upon  ourselves  the  restraints  which 
will  bring  to  our  people  the  happiness  and  the  great  and  lasting 
influence  for  peace  we  covet  for  them? 

Executive   Order  of  the   President   with  Further   Reference   to 
Radio  Communication.    September  5,  1914- 

Whereas  an  order  has  been  issued  by  me  dated  August  5,  1914, 
declaring  that  all  radio  stations  within  the  jurisdiction  of  the 
United  States  of  America  were  prohibited  from  transmitting  or 
receiving  for  delivery  messages  of  an  unneutral  nature  and  from 
in  any  way  rendering  to  any  one  of  the  belligerents  any  unneutral 
service;  and 

Whereas  it  is  desirable  to  take  precautions  to  insure  the  en- 
forcement of  said  order  in  so  far  as  it  relates  to  the  transmission 
of  code  and  cipher  messages  by  high-powered  stations  capable  of 
trans- Atlantic  communication ; 


Base  of  Operations.  91 

Now  therefore  it  is  ordered  by  virtue  of  authority  vested  in  me 
by  the  radio  Act  of  August  13,  1912,  that  one  or  more  of  the  high- 
powered  radio  stations  within  the  jurisdiction  of  the  United 
States  and  capable  of  trans-Atlantic  communication  shall  be 
taken  over  by  the  Government  of  the  United  States  and  used  or 
controlled  by  it  to  the  exclusion  of  any  other  control  or  use  for 
the  purpose  of  carrying  on  communication  with  land  stations  in 
Europe,  including  code  and  cipher  messages. 

The  enforcement  of  this  order  and  the  preparation  of  regula- 
tions therefor  is  hereby  delegated  to  the  Secretary  of  the  Navy, 
who  is  authorized  and  directed  to  take  such  action  in  the  prem- 
ises as  to  him  may  appear  necessary. 

This  order  shall  take  effect  from  and  after  this  date. 

WOODROW  WILSON. 

The  WHITE  HOUSE. 

Memorandum  of  the  Department  of  State  with  Reference  to 
Merchant  Vessels  Suspected  of  Carrying  Supplies  to  Belligerent 
Vessels,  September  19,  1914. 

1.  A  base  of  operations  for  belligerent  warships  is  presumed 
when  fuel  or  other  supplies  are  furnished  at  an  American  port  to 
such  warships  more  than  once  within  three  months  since  the  war 
began,  or  during  the  period  of  the  war,  either  directly  or  by  means 
of  naval  tenders  of  the  belligerent  or  by  means  of  merchant  ves- 
sels of  belligerent  or  neutral  nationality  acting  as  tenders. 

2.  A  common  rumor  or  suspicion  that  a  merchant  vessel  laden 
with  fuel  or  other  naval  supplies  intends  to  deliver  its  cargo  to  a 
belligerent  warship  on  the  high  seas,  when  unsupported  by  direct 
or  circumstantial  evidence,  imposes  no  duty  on  a  neutral  govern- 
ment to  detain  such  ships  even  for  the  purpose  of  investigating 
the  rumor  or  suspicion,  unless  it  is  known  that  the  vessel  has  been 
previously  engaged  in  furnishing  supplies  to  a  belligerent  warship. 

3.  Circumstantial   evidence,   supporting   a   rumor   or   suspicion 
that  a  merchant  vessel  intends  to  furnish  a  belligerent  warship 
with  fuel  or  other  supplies  on  the  high  seas,  is  sufficient  to  war- 
rant detention  of  the  vessel  until  its  intention  can  be  investigated 
in  the  following  cases : 

(a)  When  a  belligerent  warship  is  known  to  be  off  the  port  at 
which  the  merchant  vessel  is  taking  on  cargo  suited  for  naval 
supplies  or  when  there  is  a  strong  presumption  that  the  warship 
is  off  the  port. 

( b )  When  a  merchant  vessel  is  of  the  nationality  of  the  bel- 
ligerent whose  warship  is  known  to  be  off  the  coast. 

(c)  When  a  merchant  vessel,  which  has,  on  a  previous  voyage 
between  ports  of  the  United  States  and  ports  of  other  neutral 
states,  failed  to  have  on  board  at  the  port  of  arrival  a  cargo  con- 
sisting of  naval  supplies  shipped  at  the  port  of  departure,  seeks 
10  take  on  board  a  similar  cargo. 


92  Supplying  Belligerent  Vessels. 

(d)  When  coal  or  other  supplies  are  purchased  by  an  agent  of 
a  belligerent  government  and  shipped  on  board  a  merchant  vessel 
which  does  not  clear  for  a  port  of  the  belligerent  but  for  a  neigh- 
boring neutral  port. 

(e)  When  an  agent  of  a  belligerent  is  taken  on  board  a  mer- 
chant vessel  having  a  cargo  of  fuel  or  other  supplies  and  clearing 
for  a  neighboring  neutral  port. 

4.  The  fact  that  a  merchant  vessel,  which  is  laden  with  fuel  or 
other  naval  supplies,  seeks  clearance  under  strong  suspicion  that 
it  is  the  intention  to  furnish  such  fuel  or  supplies  to  a  belligerent 
warship  is  not  sufficient  ground  to  warrant  its  detention,  if  the 
case  is  isolated  and  neither  the  vessel  nor  the  warship  for  which 
the  supplies  are  presumably  intended  has  previously   taken  on 
board  similar  supplies  since  the  war  began  or  within  three  months 
during  the  period  of  the  war. 

5.  The  essential  idea  of  neutral  territory  becoming  the  base  for 
naval  operations  by  a  belligerent  is  repeated  departure  from  such 
territory  by  a  naval  tender  of  the  belligerent  or  by  a  merchant 
vessej  in  belligerent  service  which  is  laden  with  fuel  or  other 
naval  supplies. 

6.  A  merchant  vessel,  laden  with  naval  supplies,  clearing  from 
a  port  of  the  United  States  for  the  port  of  another  neutral  nation, 
which  arrives  at  its  destination  and  there  discharges  its  cargo, 
should  not  be  detained  if,  on  a  second  voyage,  it  takes  an  board 
another  cargo  of  similar  nature. 

In  such  a  case  the  port  of  the  other  neutral  nation  may  be  a 
base  for  the  naval  operations  of  a  belligerent.  If  so,  and  even  if 
the  fact  is  notorious,  this  Government  is  under  no  obligation  to 
prevent  the  shipment  of  naval  supplies  to  that  port.  Commerce 
in  munitions  of  war  between  neutral  nations  cannot  as  a  rule  be 
a  basis  for  a  claim  of  unneutral  conduct,  even  though  there  is  a 
strong  presumption  or  actual  knowledge  that  the  neutral  state,  in 
whose  port  the  supplies  are  discharged,  is  permitting  its  territory 
to  be  used  as  a  base  of  supply  for  belligerent  warships.  The  duty 
of  preventing  an  unneutral  act  rests  entirely  upon  the  neutral 
state  whose  territory  is  being  used  as  such  a  base. 

In  fact  this  principle  goes  further  in  that,  if  the  supplies  were 
shipped  directly  to  an  established  naval  base  in  the  territory  or 
under  the  control  of  a  belligerent,  this  Government  would  not  be 
obligated  by  its  neutral  duty  to  limit  such  shipments  or  detain  or 
otherwise  interfere  with  the  merchant  vessels  engaged  in  that 
trade.  A  neutral  can  only  be  charged  with  unneutral  conduct 
when  the  supplies,  furnished  to  a  belligerent  warship,  are  fur- 
nished directly  to  it  in  a  port  of  the  neutral  or  through  naval 
tenders  or  merchant  vessels  acting  as  tenders  departing  from  such 
port. 

7.  The  foregoing  propositions  do  not  apply  to  furnishing  muni- 
tions of  war  included  in  absolute  contraband,  since  in  no  event  can 
a  belligerent  warship  take  on  board  such  munitions  in  neutral 


Status  of  Armed  Merchant  Vessels.  93 

waters,  nor  should  it  be  permitted  to  do  so  indirectly  by  means  of 
naval  tenders  or  merchant  vessels  acting  as  such  tenders. 
DEPABTMENT  OF  STATE, 
September  19,  1914. 

Memorandum  in  reference  to  The  Status  of  Armed  Merchant  Ves- 
sels, September  19,  191^ 

A. 

A  merchant  vessel  of  belligerent  nationality  may  carry  an  arma- 
ment and  ammunition  for  the  sole  purpose  of  defense  without 
acquiring  the  character  of  a  ship  of  war. 

B. 

The  presence  of  an  armament  and  ammunition  on  board  a  mer- 
chant vessel  creates  a  presumption  that  the  armament  is  for  offen- 
sive purposes,  but  the  owners  or  agents  may  overcome  this  pre- 
sumption by  evidence  showing  that  the  vessel  carries  armament 
solely  for  defense. 

C. 

Evidence  necessary  to  establish  the  fact  that  the  armament  Is 
solely  for  defense  and  will  not  be  used  offensively,  whether  the 
armament  be  mounted  or  stowed  below,  must  be  presented  in  each 
case  independently  at  an  official  investigation.  The  result  of  the 
investigation  must  show  conclusively  that  the  armament  is  not 
intended  for,  and  will  not  be  used  in,  offensive  operations. 

Indications  that  the  armament  will  not  be  used  offensively  are : 

1.  That  the  caliber  of  the  guns  carried  does  not  exceed  six 
inches. 

2.  That  the  guns  and  small  arms  carried  are  few  in  number. 

3.  That  no  guns  are  mounted  on  the  forward  part  of  the  vessel. 

4.  That  the  quantity  of  ammunition  carried  is  small. 

5.  That  the  vessel  is  manned  by  its  usual  crew,  and  the  officers 
are  the  same  as  those  on  board  before  war  was  declared. 

6.  That  the  vessel  intends  to  and  actually  does  clear  for  a  port 
lying  in  its  usual  trade  route,  or  a  port  indicating  its  purpose  to 
continue  in  the  same  trade  in  which  it  was  engaged  before  war 
was  declared. 

7.  That  the  vessel  takes  on  board  fuel  and  supplies  sufficient 
only  to  carry  it  to  its  port  of  destination,  or  the  same  quantity 
substantially  which  it  has  been  accustomed  to  take  for  a  voyage 
before  war  was  declared. 

8.  That  the  cargo  of  the  vessel  consists  of  articles  of  commerce 
unsuited  for  the  use  of  a  ship  of  war  in  operations  against  an 
enemy, 

1  Reproduced  by  Cuba  In  a  decree  of  Marcb  3,  1916.  (Boletin  Oflcial 
de  la  Secretarla  de  Estado,  1916,  p.  501.) 


94  Agreement  with  Panama. 

9.  That  the  vessel  carries  passengers  who  are  as  a  whole  unfit- 
ted to  enter  the  military  or  naval  service  of  the  belligerent  whose 
flag  the  vessel  flies,  or  of  any  of  its  allies,  and  particularly. if  the 
passenger  list  includes  women  and  children. 

10.  That  the  speed  of  the  ship  is  slow. 

D. 

Port  authorities  on  the  arrival  in  a  port  of  the  United  States  of 
an  armed  vessel  of  belligerent  nationality,  claiming  to  be  a  mer- 
chant vessel,  should  immediately  investigate  and  report  to  Wash- 
ington on  the  foregoing  indications  as  to  the  intended  use  of  the 
armament,  in  order  that  it  may  be  determined  whether  the  evi- 
dence is  sufficient  to  remove  the  presumption  that  the  vessel  is, 
and  should  be  treated  as,  a  ship  of  war.  Clearance  will  not  be 
granted  until  authorized  from  Washington,  and  the  master  will 
be  so  informed  upon  arrival. 

E. 

The  conversion  of  a  merchant  vessel  into  a  ship  of  war  is  a 
question  of  fact  which  is  to  be  established  by  direct  or  circum- 
stantial evidence  of  intention  to  use  the  vessel  as  a  ship  of  war. 

DEPAETMENT  OF  STATE, 
September  19,  1914. 

[No.  1287.] 

Protocol  of  an  agreement  between  the  United  States  and  Panama, 
October  10, 1914* 

[38  U.  S.  Stat.  2042.] 

Protocol  of  an  agreement  concluded  between  Honorable  Robert 
Lansing,  Acting  Secretary  of  State  of  the  United  States,  and  Don 
Eusebio  A.  Morales,  Envoy  Extraordinary  and  Minister  Plenipo- 
tentiary of  the  Republic  of  Panama,  signed  the  tenth  day  of 
October,  1914. 

The  undersigned,  the  Acting  Secretary  of  State  of  the  United 
States  of  America  and  the  Envoy  Extraordinary  and  Minister 
Plenipotentiary  of  the  Republic  of  Panama,  in  view  of  the  close 
association  of  the  interests  of  their  respective  Governments  on 
the  Isthmus  of  Panama,  and  to  the  end  that  these  interests  may 
be  conserved  and  that,  when  a  state  of  war  exists,  the  neutral 
obligations  of  both  Governments  as  neutrals  may  be  maintained, 
after  having  conferred  on  the  subject  and  being  duly  empowered 
by  their  respective  Governments,  have  agreed : 

That  hospitality  extended  in  the  waters  of  the  Republic  of 
Panama  to  a  belligerent  vessel  of  war  or  a  vessel  belligerent  or 


1  See  proclamation  of  November  13,  1914,  p.  96. 


Neutrality  and  Contraband.  95 

neutral,  whether  armed  or  not,  which  is  employed  by  a  belligerent 
power  as  a  transport  or  fleet  auxiliary  or  in  any  other  way  for 
the  direct  purpose  of  prosecuting  or  aiding  hostilities,  whether  by 
land  or  sea,  shall  serve  to  deprive  such  vessel  of  like  hospitality  in 
the  Panama  Canal  Zone  for  a  period  of  three  months,  and  vice 
versa. 

In  testimony  whereof,  the  undersigned  have  signed  and  sealed 
the  present  Protocol  in  the  city  of  Washington,  this  tenth  day  of 
October,  1914. 

ROBERT  LANSING          [L.  s.] 
ETJSEBIO  A.  MORALES  [L.  s.] 

Circular  of  the  Department  of  State  of  the  United  States  ivith 
Reference  to  Neutrality  and  Trade  in  Contraband.  October  15, 
1914. 

The  Department  of  State  has  received  numerous  inquiries  from 
American  merchants  and  other  persons  as  to  whether  they  could 
sell  to  governments  or  nations  at  war  contraband  articles  without 
violating  the  neutrality  of  the  United  States,  and  the  Department 
has  also  received  complaints  that  sales  of  contraband  were  being 
made  on  the  apparent  supposition  that  they  were  unneutral  acts 
which  this  Government  should  prevent. 

In  view  of  the  number  of  communications  of  this  sort  which 
have  been  received  it  is  evident  that  there  is  a  widespread  mis- 
apprehension among  the  people  of  this  country  as  to  the  obliga- 
tions of  the  United  States  as  a  neutral  nation  in  relation  to  trade 
in  contraband  and  as  to  the  powers  of  the  executive  branch  of  the 
government  over  persons  who  engage  in  it.  For  this  reason  it 
seems  advisable  to  make  an  explanatory  statement  on  the  subject 
for  the  information  of  the  public. 

In  the  first  place  it  should  be  understood  that,  generally  speak- 
ing, a  citizen  of  the  United  States  can  sell  to  a  belligerent  gov- 
ernment or  its  agent  any  article  of  commerce  which  he  pleases. 
He  is  not  prohibited  from  doing  this  by  any  rule  of  international 
law.  by  any  treaty  provisions,  or  by  any  statute  of  the  United 
States.  It  makes  no  difference  whether  the  articles  sold  are  ex- 
clusively for  war  purposes,  such  as  firearms,  explosives,  etc.,  or 
are  foodstuffs,  clothing,  horses,  etc.,  for  the  use  of  the  army  or 
navy  of  the  belligerent. 

Furthermore,  a  neutral  government  is  not  compelled  by  inter- 
national law,  by  treaty,  or  by  statute  to  prevent  these  sales  to  a 
belligerent.  Such  sales,  therefore,  by  American  citizens  do  not 
in  the  least  affect  the  neutrality  of  the  United  States. 

It  is  true  that  such  articles  as  those  mentioned  are  considered 
contraband  and  are,  outside  the  territorial  jurisdiction  of  a  neu- 
tral nation,  subject  to  seizure  by  an  enemy  of  the  purchasing  gov- 
ernment, but  it  is  the  enemy's  duty  to  prevent  the  articles  reach- 
ing their  destination,  not  the  duty  of  the  nation  whose  citizens 
have  sold  them.  If  the  enemy  of  the  purchasing  nation  happens 


96  Neutrality  Proclamation,  Canal  Zone. 

for  the  time  to  be  unable  to  do  this  that  is  for  him  one  of  the 
misfortunes  of  war ;  the  inability,  however,  imposes  on  the  neutral 
government  no  obligation  to  prevent  the  sale. 

Neither  the  President  nor  any  executive  department  of  the 
Government  possesses  the  legal  authority  to  interfere  in  any  way 
with  trade  between  the  people  of  this  country  and  the  territory 
of  the  belligerent.  There  is  no  act  of  Congress  conferring  such 
authority  or  prohibiting  traffic  of  this  sort  with  European  nations, 
although  in  the  case  of  neighboring  American  Republics  Congress 
has  given  the  President  power  to  proclaim  an  embargo  on  arms 
and  ammunition  when  in  his  judgment  it  would  tend  to  prevent 
civil  strife. 

For  the  Government  of  the  United  States  itself  to  sell  to  a 
belligerent  nation  would  be  an  unneutral  act,  but  for  a  private 
individual  to  sell  to  a  belligerent  any  product  of  the  United  States 
is  neither  unlawful  nor  unneutral,  nor  within  the  power  of  the 
Executive  to  prevent  or  control. 

The  foregoing  remarks,  however,  do  not  apply  to  the  outfitting 
or  furnishing  of  vessels  in  American  ports  or  of  military  expedi- 
tions on  American  soil  in  aid  of  a  belligerent.  These  acts  are 
prohibited  by  the  neutrality  laws  of  the  United  States. 

DEPARTMENT  OF  STATE, 
October  15,  1914. 

[Proclamation  No.  1271.] 

Proclamation  relating   to   the  neutrality  of   the  Panama   Canal 
Zone.    November  13,  1914.1 

[38  U.  S.  Stat.  2039.] 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  of  AMERICA. 
A  PROCLAMATION. 

Whereas,  the  United  States  is  neutral  in  the  present  war  and 
Whereas  the  United  States  exercises  sovereignty  in  the  land 
and  waters  of  the  Canal  Zone  and  is  authorized  by  its  treaty 
with  Panama  of  February  twenty-six,  nineteen  hundred  and  four,2 
to  maintain  neutrality  in  the  cities  of  Panama  and  Colon,  and 
the  harbors  adjacent  to  the  said  cities : 

Now,  therefore,  I,  WOODROW  WILSON,  President  of  the  United 
States  of  America,  do  hereby  declare  and  proclaim  the  following 
Rules  and  Regulations  Governing  the  Use  of  the  Panama  Canal 
by  Vessels  of  Belligerents  and  the  Maintenance  of  Neutrality  by 
the  United  States  in  the  Canal  Zone,  which  are  in  addition  to 
the  general  "  Rules  and  Regulations  for  the  Operation  and  Navi- 
gation of  the  Panama  Canal  and  Approaches  Thereto,  including 
all  Waters  under  its  jurisdiction  "  put  into  force  by  Executive 
Order  of  July  9,  1914,  and  I  do  bring  to  the  attention  of  all  con- 
cerned the  Protocol,  of  an  Agreement  between  the  United  States 


1  See  protocol  of  October  10,  1914,  p.  94. 

2  Malloy,  Treaties,  p.  1349. 


War  Vessels  in  Canal  Zone.  97 

and  the  Republic  of  Panama,  signed  at  Washington,  October  10, 
1914,  which  protocol  is  hereunto  annexed.1 

Rule  1.  A  vessel  of  war,  for  the  purposes  of  these  rules,  is  de- 
fined as  follows:  a  public  armed  vessel,  under  the  command  of 
an  officer  duly  commissioned  by  the  government,  whose  name 
appears  on  the  list  of  officers  of  the  military  fleet,  and  the  crew 
of  which  are  under  regular  naval  discipline,  which  vessel  is 
qualified  by  its  armament  and  the  character  of  its  personnel  to 
take  offensive  action  against  the  public  or  private  ships  of  the 
enemy. 

Rule  2.  In  order  to  maintain  both  the  neutrality  of  the  Canal 
and  that  of  the  United  States  owning  and  operating  it  as  a  gov- 
ernment enterprise,  the  same  treatment,  except  as  hereinafter 
noted,  as  that  given  to  vessels  of  war  of  the  belligerents  shall  be 
given  to  every  vessel,  belligerent  or  neutral,  whether  armed  or  not, 
that  does  not  fall  under  the  definition  of  Rule  1,  which  vessel  is 
employed  by  a  belligerent  Power  as  a  transport  or  fleet  auxiliary 
or  in  any  other  way  for  the  direct  purpose  of  prosecuting  or  aid- 
ing hostilities,  whether  by  land  or  sea ;  but  such  treatment  shall 
not  be  given  to  a  vessel  fitted  up  and  used  exclusively  as  a  hos- 
pital ship. 

Rule  3.  A  vessel  of  war  of  a  belligerent,  or  a  vessel  falling  under 
Rule  2  which  is  commanded  by  an  officer  of  the  military  fleet, 
shall  only  be  permitted  to  pass  through  the  Canal  after  her  com- 
manding officer  has  given  written  assurance  to  the  Authorities  of 
the  Panama  Canal  that  the  Rules  and  Regulations  will  be  faith- 
fully observed. 

The  authorities  of  the  Panama  Canal  shall  take  such  steps  as 
may  be  requisite  to  insure  the  observance  of  the  Rules  and  Regu- 
lations by  vessels  falling  under  Rule  2  which  are  not  commanded 
by  an  officer  of  the  military  fleet. 

Rule  4-  Vessels  of  war  of  a  belligerent  and  vessels  falling 
under  Rule  2  shall  not  revictual  nor  take  any  stores  in  the  Canal 
except  so  far  as  may  be  strictly  necessary ;  and  the  transit  of 
such  vessels  through  the  Canal  shall  be  effected  with  the  least 
possible  delay  in  accordance  with  the  Canal  Regulations  in  force, 
and  with  only  such  intermission  as  may  result  from  the  necessi- 
ties of  the  service. 

Prizes  shall  be  in  all  respects  subject  to  the  same  Rules  as 
vessels  of  war  of  the  belligerents. 

Rule  5.  No  vessel  of  war  of  a  belligerent  or  vessel  falling  under 
Rule  2  shall  receive  fuel  or  lubricants  while  within  the  territorial 
waters  of  the  Canal  Zone,  except  on  the  written  authorization  of 
the  Canal  Authorities,  specifying  the  amount  of  fuel  and  lubri- 
cants which  may  be  received. 

Rule  6.  Before  issuing  any  authorization  for  the  receipt  of  fuel 
and  lubricants  by  any  vessel  of  war  of  a  belligerent  or  vessel 

1  See  protocol  of  October  10,  1914,  p.  94. 
79596—17 7 


98  Neutrality  Proclamation,  Canal  Zone. 

falling  under  Rule  2,  the  Canal  Authorities  shall  obtain  a  written 
declaration  duly  signed  by  the  officer  commanding  such  vessel, 
stating  the  amount  of  fuel  and  lubricants  already  on  board. 

Rule  7.  Supplies  will  not  be  furnished  by  the  Government  of 
the  United  States,  either  directly,  or  indirectly  through  the  inter- 
vention of  a  corporation,  or  otherwise,  to  vessels  of  war  of  a 
belligerent  or  vessels  falling  under  Rule  2.  If  furnished  by 
private  contractors,  or  if  taken  from  vessels  under  the  control  of 
a  belligerent,  fuel  and  lubricants  may  be  taken  on  board  vessels 
of  war  of  a  belligerent  or  vessels  falling  under  Rule  2  only  upon 
permission  of  the  Canal  Authorities,  and  then  only  in  such 
amounts  as  will  enable  them,  with  the  fuel  and  lubricants  already 
on  board,  to  reach  the  nearest  accessible  port,  not  an  enemy  port, 
at  which  they  can  obtain  supplies  necessary  for  the  continuation 
of  the  voyage.  The  amounts  of  fuel  and  lubricants  so  received 
will  be  deducted  from  the  amounts  otherwise  allowed  in  the  ports 
under  the  jurisdiction  of  the  United  States  during  any  time 
within  a  period  of  three  months  thereafter.  Provisions  furnished 
by  contractors  may  be  supplied  only  upon  permission  of  the  Canal 
Authorities,  and  then  only  in  amount  sufficient  to  bring  up  their 
supplies  to  the  peace  standard. 

Rule  S.  No  belligerent  shall  embark  or  disembark  troops,  muni- 
tions of  war,  or  warlike  materials  in  the  Canal,  except  in  case  of 
necessity  due  to  accidental  hindrance  of  the  transit.  In  such 
cases  the  Canal  Authorities  shall  be  the  judge  of  the  necessity, 
and  the  transit  shall  be  resumed  with  all  possible  dispatch. 

Rule  9.  Vessels  of  war  of  a  belligerent  and  vessels  falling  under 
Rule  2  shall  not  remain  in  the  territorial  waters  of  the  Canal 
Zone  under  the  jurisdiction  of  the  United  States  longer  than 
twenty-four  hours  at  any  one  time,  except  in  case  of  distress ;  and 
in  such  case,  shall  depart  as  soon  as  possible ;  but  a  vessel  of  war 
of  one  belligerent  shall  not  depart  within  twenty-four  hours  from 
the  departure  of  a  vessel  of  an  opposing  belligerent. 

The  twenty-four  hours  of  this  rule  shall  be  construed  to  be 
twenty-four  hours  in  addition  to  the  time  necessarily  occupied  in 
passing  through  the  Canal. 

Rule  10.  In  the  exercise  of  the  exclusive  right  of  the  United 
States  to  provide  for  the  regulation  and  management  of  the  Canal, 
and  in  order  to  insure  that  the  Canal  shall  be  kept  free  and  open 
on  terms  of  entire  equality  to  vessels  of  commerce  and  of  war, 
there  shall  not  be,  except  by  special  arrangement,  at  any  one  timo 
a  greater  number  of  vessels  of  war  of  any  one  nation,  including 
those  of  the  allies  of  a  belligerent  nation,  than  three  in  either 
terminal  port  and  its  adjacent  terminal  waters,  or  than  three  in 
transit  through  the  Canal ;  nor  shall  the  total  number  of  such 
vessels,  at  any  one  time,  exceed  six  in  all  the  territorial  waters 
of  the  Canal  Zone  under  the  jurisdiction  of  the  United  States. 

Rule  11.  When  vessels  of  war  or  vessels  falling  under  Rule  2, 
belonging  to  or  employed  by  opposing  belligerents,  are  present 


War  Vessels  in  Canal  Zone.  99 

simultaneously  in  the  waters  of  the  Canal  Zone,  a  period  of  not 
less  than  twenty-four  hours  must  elapse  between  the  departure  of 
the  vessel  belonging  to  or  employed  by  one  belligerent  and  the 
departure  of  the  vessel  belonging  to  or  employed  by  his  adversary. 

The  order  of  departure  is  determined  by  order  of  arrival,  unless 
the  vessel  which  arrived  first  is  so  circumstanced  that  an  exten- 
sion of  her  stay  is  permissible. 

A  vessel  of  war  of  a  belligerent  or  vessel  falling  under  Rule  2 
may  not  leave  the  waters  of  the  Canal  Zone  until  twenty-four 
hours  after  the  departure  of  a  private  vessel  flying  the  flag  of  the 
adversary. 

Rule  12.  A  vessel  of  war  of  a  belligerent  or  vessel  falling  under 
Rule  2  which  has  left  the  waters  of  the  Canal  Zone,  whether  she 
has  passed  through  the  Canal  or  not,  shall,  if  she  returns  within  a 
period  of  one  week  after  her  departure,  lose  all  privileges  of  prece- 
dence in  departure  from  the  Canal  Zone,  or  in  passage  through  the 
Canal,  over  vessels  flying  the  flag  of  her  adversaries  which  may 
enter  those  waters  after  her  return  and  before  the  expiration  of 
one  week  subsequent  to  her  previous  departure.  In  any  such  case 
the  time  of  departure  of  a  vessel  which  has  so  returned  shall  be 
fixed  by  the  Canal  Authorities,  who  may  in  so  doing  consider  the 
wishes  of  the  commander  of  a  public  vessel  or  of  the  master  of  a 
private  vessel  of  the  adversary  of  the  returned  vessel,  which 
adversary's  vessel  is  then  present  within  the  waters  of  the  Canal 
Zone. 

Rule  13.  The  repair  facilities  and  docks  belonging  to  the  United 
States  and  administered  by  the  Canal  Authorities  shall  not  be 
used  by  a  vessel  of  war  of  a  belligerent,  or  vessels  falling  under 
Rule  2,  except  when  necessary  in  case  of  actual  distress,  and  then 
only  upon  the  order  of  the  Canal  Authorities,  and  only  to  the 
degree  necessary  to  render  the  vessel  seaworthy.  Any  work 
authorized  shall  be  done  with  the  least  possible  delay. 

Rule  14.  The  radio  installation  of  any  vessel  of  a  belligerent 
Power,  public  or  private,  or  of  any  vessel  falling  under  Rule  2, 
shall  be  used  only  in  connection  with  Canal  business  to  the  exclu- 
sion of  all  other  business  while  within  the  waters  of  the  Canal 
Zone,  including  the  waters  of  Colon  and  Panama  Harbors. 

Rule  15.  Air  craft  of  a  belligerent  Power,  public  or  private,  are 
forbidden  to  descend  or  arise  within  the  jurisdiction  of  the  United 
States  at  the  Canal  Zone,  or  to  pass  through  the  air  spaces  above 
the  lands  and  waters  within  said  jurisdiction. 

Rule  16.  For  the  purpose  of  these  rules  the  Canal  Zone  includes 
the  cities  of  Panama  and  Colon  and  the  harbors  adjacent  to  the 
said  cities. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  caused 
the  seal  of  the  United  States  to  be  affixed. 


100    Joint  Resolution,  Neutrality,  United  States. 

Done  at  the  city  of  Washington  this  thirteenth  day  of  November 
in  the  year  of  our  Lord  one  thousand  nine  hundred  and  fourteen 
and  of  the  independence  of  the  United  States  the  one  hundred  and 
thirty-ninth. 

[SEAL.]  WOODROW  WILSON. 

By  the  President : 
W.  J.  BRYAN, 

Secretary  of  State. 

Joint  Resolution  to  Empower  the  President  to  better  Enforce  and 
Maintain  the  Neutrality  of  the  United  States.    March  Jf,  1915. 

[38  TJ.  S.  Stat.  1226.] 

Resolved  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That,  from  and 
after  the  passage  of  this  resolution,  and  during  the  existence  of 
a  war  to  which  the  United  States  is  not  a  party,  and  in  order  to 
prevent  the  neutrality  of  the  United  States  from  being  violated 
by  the  use  of  its  territory,  its  ports,  or  its  territorial  waters  as  the 
base  of  operations  for  the  armed  forces  of  a  belligerent,  contrary 
to  the  obligations  imposed  by  the  law  of  nations,  the  treaties  to 
which  the  United  States  is  a  party,  or  contrary  to  the  statutes 
of  the  United  States,  the  President  be,  and  he  is  hereby,  author- 
ized and  empowered  to  direct  the  collectors  of  customs  under  the 
jurisdiction  of  the  United  States  to  withhold  clearance  from  any 
vessel,  American  or  foreign,  which  he  has  reasonable  cause  to 
believe  to  be  about  to  carry  fuel,  arms,  ammunition,  men,  or  sup- 
plies to  any  warship,  or  tender,  or  supply  ship  of  a  belligerent 
nation,  in  violation  of  the  obligations  of  the  United  States  as  a 
neutral  nation. 

In  case  any  such  vessel  shall  depart  or  attempt  to  depart  from 
the  jurisdiction  of  the  United  States  without  clearance  for  any 
of  the  purposes  above  set  forth,  the  owner  or  master  or  person  or 
persons  having  charge  or  command  of  such  vessel  shall  severally 
be  liable  to  a  fine  of  not  less  than  $2,000. nor  more  than  $10,000, 
or  to  imprisonment  not  to  exceed  two  years,  or  both,  and,  in  addi- 
tion, such  vessel  shall  be  forfeited  to  the  United  States. 

That  the  President  of  the  United  States  be,  and  he  is  hereby, 
authorized  and  empowered  to  employ  such  part  of  the  land  or 
naval  forces  of  the  United  States  as  shall  be  necessary  to  carry 
out  the  purposes  of  this  resolution. 

That  the  provisions  of  this  resolution  shall  be  deemed  to  extend 
to  all  land  and  water,  continental  or  insular,  within  the  jurisdic- 
tion of  the  United  States. 

Approved,  March  4,  1915. 


Memorandum  on  Armed  Merchant  Vessels.      101 

Memorandum  on  the  Status  of.  Armed  Merchant  Vessels,  March 

25,  1916.1 

DEPARTMENT  OF  STATE, 
Washington,  March  25,  1916. 

I. 

The  status  of  an  armed  merchant  vessel  of  a  belligerent  is  to 
be  considered  from  two  points  of  view:  First,  from  that  of  a 
neutral  when  the  vessel  enters  its  ports ;  and,  second,  from  that 
of  an  enemy  when  the  vessel  is  on  the  high  seas. 

FIRST. — AN  ARMED  MERCHANT  VESSEL  IN  NEUTRAL  PORTS. 

(1)  It  is  necessary  for  a  neutral  Government  to  determine  the 
status  of   an   armed   merchant  vessel   of  belligerent   nationality 
which  enters  its  jurisdiction,  in  order  that  the  Government  may 
protect  itself  from  responsibility  for  the  destruction  of  life  and 
property  by  permitting  its  ports  to  be  used  as  bases  of  hostile 
operations  by  belligerent  warships. 

(2)  If  the  vessel  carries  a  commission  or  orders  issued  by  a 
belligerent  Government  arid  directing  it  under  penalty  to  conduct 
aggressive  operations,  or  if  it  is  conclusively  shown  to  have  con- 
ducted such  operations,  it  should  be  regarded  and  treated  as  a 
warship. 

(3)  If  sufficient  evidence  is  wanting,  a  neutral  Government,  in 
order  to  safeguard  itself  from  liability  for  failure  to  preserve  its 
neutrality,  may  reasonably  presume  from  the  facts  the  status  of 
an  armed  merchant  vessel  which  frequents  its  waters.     There  is 
no  settled  rule  of  international  law  as  to  the  sufficiency  of  evidence 
to  establish  such  a  presumption.     As  a  result  a  neutral  Govern- 
ment must  decide  for  itself  the  sufficiency  of  the  evidence  which  it 
requires  to  determine  the  character  of  the  vessel.    For  the  guid- 
ance of  its  port  officers  and  other  officials  a  neutral  Government 
may  therefore  declare  a  standard  of  evidence,  but  such  standard 
may  be  changed  on  account  of  the  general  conditions  of  naval 
warfare  or  modified  on  account  of  the  circumstances  of  a  particu- 
lar case.     These  changes  and  modifications  may  be  made  at  any 
time  during  the  progress  of  the  war,  since  the  determination  of 
the  status  of  an  armed  merchant  vessel  in  neutral  waters  may 
affect  the  liability  of  a  neutral  Government. 

SECOND. — AN  ARMED  MERCHANT  VESSEL  ON  THE  HIGH  SEAS. 

(1)  It  is  necessary  for  a  belligerent  warship  to  determine  the 
status  of  an  armed  merchant  vessel  of  an  enemy  encountered  on 

1  "  By  direction  of  the  President,  a  memorandum  was  prepared  during 
March,  1916,  in  regard  to  the  status  of  armed  merchant  vessels  in  neutral 
ports  and  on  the  high  seas.  This  memorandum  is  now  made  public  as  a 
statement  of  this  Government's  attitude  on  that  subject." 


102  Status  of  Armed  Merchant  Vessels. 

the  high  seas,  since  the  rights  of  life  and  property  of  belligerents 
and  neutrals  on  board  the  vessel  may  be  impaired  if  its  status  is 
that  of  an  enemy  warship. 

(2)  The  determination  of  warlike  character  must  rest  in  no 
case  upon  presumption  but  upon  conclusive  evidence,  because  the 
responsibility  for  the  destruction  of  life  and  property  depends  on 
the  actual  facts  of  the  case  and  can  not  be  avoided  or  lessened  by 
a   standard  of  evidence  which  a  belligerent  may   announce   as 
creating  a  presumption  of  hostile  character.    On  the  other  hand)  to 
safeguard  himself  from  possible  liability  for  unwarranted  destruc- 
tion of  life  and  property  the  belligerent  should,  in  the  absence  of 
conclusive  evidence,  act  on  the  presumption  that  an  armed  mer- 
chantman is  of  peaceful  character. 

(3)  A  presumption  based  solely  on  the  presence  of  an  armament 
on  a  merchant  vessel  of  an  enemy  is  not  a  sufficient  reason  for  a 
belligerent  to  declare  it  to  be  a  warship  and  proceed  to  attack  it 
without  regard  to  the  rights  of  the  persons  on  board.    Conclusive 
evidence  of  a  purpose  to  use  the  armament  for  aggression  is  essen- 
tial.    Consequently  an  armament  which  a  neutral  Government, 
seeking  to  perform  its  neutral  duties,  may  presume  to  be  intended 
for  aggression,  might  in  fact  on  the  high  seas  be  used  solely  for 
protection.     A  neutral  Government  has  no  opportunity  to  deter- 
mine the  purpose  of  an  armament  on  a  merchant  vessel  unless 
there  is  evidence  in  the  ship's  papers  or  other  proof  as  to  its 
previous  use,  so  that  the  Government  is  justified  in  substituting  an 
arbitrary  rule  of  presumption  in  arriving  at  the  status  of  the 
merchant  vessel.    On  the  other  hand,  a  belligerent  warship  can  on 
the  high  seas  test  by  actual  experience  the  purpose  of  an  arma- 
ment on  an  enemy  merchant  vessel,  and  so  determine  by  direct 
evidence  the  status  of  the  vessel. 

SUMMARY. 

The  status  of  an  armed  merchant  vessel  as  a  warship  in  neutral 
waters  may  be  determined,  in  the  absence  of  documentary  proof 
or  conclusive  evidence  of  previous  aggressive  conduct,  by  presump- 
tion derived  from  all  the  circumstances  of  the  case. 

The  status  of  such  vessel  as  a  warship  on  the  high  seas  must 
be  determined  only  upon  conclusive  evidence  of  aggressive  pur- 
pose, in  the  absence  of  which  it  is  to  be  presumed  that  the  vessel 
has  a  private  and  peaceable  character  and  it  should  be  so  treated 
by  an  enemy  warship. 

In  brief,  a  neutral  Government  may  proceed  upon  the  presump- 
tion that  an  armed  merchant  vessel  of  belligerent  nationality  is 
armed  for  aggression,  while  a  belligerent  should  proceed  on  the 
presumption  that  the  vessel  is  armed  for  protection.  Both  of 
these  presumptions  may  be  overcome  by  evidence — the  first  by 
secondary  or  collateral  evidence,  since  the  fact  to  be  established  is 


Relations  on  High  Seas.  103 

negative  in  character ;  the  second  by  primary  and  direct  evidence, 
since  the  fact  to  be  established  is  positive  in  character. 

II. 

The  character  of  the  evidence  upon  which  the-  status  of  an 
armed  merchant  vessel  of  belligerent  nationality  is  to  be  deter- 
mined when  visiting  neutral  waters  and  when  traversing  the  high 
seas  having  been  stated,  it  is  important  to  consider  the  rights  and 
duties  of  neutrals  and  belligerents  as  affected  by  the  status  of 
armed  merchant  vessels  in  neutral  ports  and  on  the  high  seas. 

FIRST. — THE  RELATIONS  OF  BELLIGERENTS  AND  NEUTBALS  AS  AF- 
FECTED BY  THE  STATUS  OF  ARMED  MERCHANT  VESSELS  IN 
NEUTRAL  PORTS. 

(1)  It  appears  to  be  the  established  rule  of  international  law 
that  warships  of  a  belligerent  may  enter  neutral  ports  and  accept 
limited  hospitality  there  upon  condition  that  they  leave,  as  a  rule, 
within  24  hours  after  their  arrival. 

(2)  Belligerent  warships  are  also  entitled  to  take  on  fuel  once 
in  three  months  in  ports  of  a  neutral  country. 

(3)  As  a  mode  of  enforcing  these  rules  a  neutral  has  the  right 
to  cause  belligerent  warships  failing  to  comply  with  them,  to- 
gether with  their  officers  and  crews,  to  be  interned  during  the 
remainder  of  the  war. 

(4)  Merchantmen   of  belligerent   nationality,    armed   only   for 
purposes  of  protection  against  the  enemy,  are  entitled  to  enter 
and  leave  neutral  ports  without  hindrance  in  the  course  of  legiti- 
mate trade. 

(5)  Armed    merchantmen   of   belligerent   nationality    under    a 
commission  or  orders  of  their  Government  to  use,  under  penalty, 
their  armament  for  aggressive  purposes,  or  merchantmen  which, 
without  such  commission  or  orders,  have  used  their  armaments 
for  aggressive  purposes,  are  not  entitled  to  the  same  hospitality 
in  neutral  ports  as  peaceable  armed  merchantmen. 

SECOND. — THE  RELATIONS  OF  BELLIGERENTS  AND  NEUTRALS  AS  AF- 
FECTED BY  THE  STATUS  OF  ARMED  MERCHANT  VESSELS  ON  THE 
HIGH  SEAS. 

(1)  Innocent  neutral  property  on  the  high  seas  can  not  legally 
be    confiscated,    but    is    subject   to    inspection   by    a    belligerent. 
Resistance    to    inspection    removes    this    immunity    and    subjects 
the  property  to  condemnation  by  a  prize  court,  which  is  charged 
with  the  preservation  of  the  legal  rights  of  the  owners  of  neutral 
property. 

(2)  Neutral  property  engaged  in  contraband  trade,  breach  of 
tlockade,  or  unneutral   service  obtains  the  character  of  enemy 


104  Status  of  Armed  Merchant  Vessels. 

property  and  is  subject  to  seizure  by  a  belligerent  and  condemna- 
tion by  a  prize  court. 

(3)  When  hostile  and  innocent  property  is  mixed,   as  in  the 
case  of  a   neutral   ship  carrying  a  cargo  which  is  entirely  or 
partly  contraband,  this  fact  can  only  be  determined  by  inspec- 
tion.    Such  innocent  property  may  be  of  uncertain  character,,  .as 

it  has  been  frequently  held  that  it  is  more  or  less  contaminated  ' 
by  association  with  hostile  property.  For  example,  under  the 
Declaration  of  London  (which,  so  far  as  the  provisions  cover- 
ing this  subject  are  concerned,  has  been  adopted  by  all  the  bel- 
ligerents) the  presence  of  a  cargo,  which  in  bulk  or  value  consists 
of  50  per  cent  contraband  articles,  impresses  the  ship  with  enemy 
character  and  subjects  it  to  seizure  and  condemnation  by  a  prize 
court. 

(4)  Enemy   property,   including  ships  and  cargoes,   is  always 
subject  to  seizure  and  condemnation.    Any  enemy  property  taken 
by  a  belligerent  on  the  high  seas  is  a  total  loss  to  the  owners. 
There  is  no  redress  in  a  prize  court.     The  only  means  of  avoid- 
ing loss  is  by  flight  or  successful  resistance.     Enemy  merchant 
ships  have,  therefore,  the  right  to  arm  for  the  purpose  of  self- 
protection. 

(5)  A  belligerent  warship  is  any  vessel  which,  under  commis 
sion  or  orders  of  its  Government  imposing  penalties  or  entitling 
it  to  prize  money,  is  armed  for  the  purpose  of  seeking  and  cap- 
turing or  destroying  enemy  property  or  hostile  neutral  property 
on  the  seas.     The  size  of  the  vessel,  strength  of  armament,  and 
its  defensive  or  offensive  force  are  immaterial. 

(6)  A  belligerent  warship  has,  incidental  to  the  right  of  seizure, 
the  right  to  visit  and  search  all  vessels  on  the  high  seas  for  the 
purpose  of  determining  the  hostile  or  innocent  character  of  the 
vessels  and  their  cargoes.     If  the  hostile  character  of  the  prop- 
erty is  known,  however,  the  belligerent  warship  may  seize  the 
property  without  exercising  the  right  of  visit  and  search  which 
is  solely  for  the  purpose  of  obtaining  knowledge  as  to  the  char- 
acter of   the  property.     The  attacking  vessel   must   display   its 
colors  before  exercising  belligerent  rights. 

(7)  When  a  belligerent  warship  meets  a  merchantman  on  the 
high  seas  which  is  known  to  be  enemy  owned  and  attempts  to 
capture  the  vessel,  the  latter  may  exercise  its  right  of  self-pro- 
tection either  by  flight  or  by  resistance.    The  right  to  capture  and 
the  right  to  prevent  capture  are  recognized  as  equally  justifiable. 

(8)  The  exercise  of  the  right  of  capture  is  limited,  neverthe- 
less, by  certain  accepted  rules  of  conduct  based  on  the  principles 
of  humanity  and  regard  for  innocent  property,  even  if  there  is 
definite  knowledge  that  some  of  the  property,  cargo  as  well  as 
the  vessel,  is  of  enemy  character.     As  a  consequence  of  these 
limitations,  it  has  become  the  established  practice  for  warships 
to  give  merchant  vessels  an  opportunity  to  surrender  or  submit  to 


Liability  of  Vessel.  105 

visit  j\nd  search  before  attempting  to  seize  them  by  force.  The 
observance  of  this  rule  of  naval  warfare  tends  to  prevent  the  loss 
of  life  of  noncombatants  and  the  destruction  of  innocent  neutral 
property  which  would  result  from  sudden  attack. 

(9)  If,  however,  before  a  summons  to  surrender  is  given,  a 
merchantman  of  belligerent  nationality,  aware  of  the  approach 
of  an  enemy  warship,  uses  its  armament  to  keep  the  enemy  at 
a  distance,  or  after  it  has  been  summoned  to  surrender  it  resists 
or  flees,  the  warship  may  properly  exercise  force  to  compel  sur- 
render. 

(10)  If  the  merchantman  finally  surrenders,  the  belligerent  war- 
ship may  release  it  or  take  it  into  custody.     In  the  case  of  an 
enemy  merchantman  it  may  be  sunk,  but  only  if  it  is  impossible 
to  take  it  into  port,  and  provided  always  that  the  persons  on 
board  are  put  in  a  place  of  safety.     In  the  case  of  a  neutral  mer- 
chantman, the  right  to  sink  it  in  any  circumstance  is  doubtful. 

(11)  A  merchantman  entitled  to  exercise  the  right  of  self-pro- 
tection may  do  so  when  certain  of  attack  by  an  enemy  warship, 
otherwise  the  exercise  of  the  right  would  be  so  restricted  as  to 
render   it   ineffectual.     There   is   a   distinct   difference,    however, 
between  the  exercise  of  the  right  of  self-protection  and  the  act 
of  cruising  the  seas  in  an  armed  vessel  for  the  purpose  of  attack- 
ing enemy  naval  vessels. 

(12)  In  the  event  that  merchant  ships  of  belligerent  nationality 
are  armed  and  under  commission  or  orders  to  attack  in  all  cir- 
cumstances certain  classes  of  enemy  naval  vessel  for  the  pur- 
pose of  destroying  them,  and  are  entitled  to  receive  prize  money 
for  such  service  from  their  Government  or  are  liable  to  a  pen- 
alty for  failure  to  obey  the  orders  given,  such  merchant  ships 
lose  their  status  as  peaceable  merchant  ships  and  are  to  a  limited 
extent   incorporated    in   the   naval   forces   of   their   Government, 
even  though  it  is  not  their  sole  occupation  to  conduct  hostile 
operations. 

(13)  A  vessel  engaged  intermittently  in  commerce  and  under 
a  commission  or  orders  of  its  Government  imposing  a  penalty, 
in  pursuing  and  attacking  enemy  naval  craft,  possesses  a  status 
tainted   with   a   hostile   purpose   which   it   can   not   throw   aside 
or  assume  at  will.    It  should,  therefore,  be  considered  as  an  armed 
public  vessel  and  receive  the  treatment  of  a  warship  by  an  enemy 
and  by  neutrals.     Any  persons  taking  passage  on  such  a  vessel 
can  not  expect  immunity  other  than  that  accorded  persons  who 
are  on  board  a  warship.     A  private  vessel,  engaged  in  seeking 
enemy  naval  craft,  without  such  a  commission  or  orders  from 
its  Government,   stands  in  a  relation  to  the  enemy  similar  to 
that  of  a  civilian  who  fires  upon  the  organized  military  forces 
of  a  belligerent,  and  is  entitled  to  no  more  considerate  treatment. 


106  Neutrality  Declaration,  Uruguay. 

URUGUAY. 

Declaration  of  neutrality,  August 

[Oriental   Republic  of  Uruguay,  Boletln  del  Minlsterio  de  Belaclones  ex- 
teriores,  1914,  p.  653,  Registro  Nacional,  1914,  p.  S92.] 

MINISTRY  OF  FOREIGN  RELATIONS, 

Montevideo,  August  4,  l$Ui- 

In .  view  of  the  communications  received  from  the  legation  of 
Germany  and  from  the  consulate  of  Russia,  concerning  the  decla- 
ration of  war  between  Germany  and  France  on  the  1st  instant. 
The  President  of  the  Republic  decrees: 

ARTICLE  1.  Receipt  of  the  communications  will  be  acknowledged 
by  stating  that  the  necesary  instructions  will  be  given  for  the 
observance  of  the  duties  which  adhere  to  Uruguay  as  a  neutral 
country  in  the  presence  of  the  said  war. 

ART.  2.  The  ministries  of  foreign  relations  and  of  war  and  navy 
are  charged  with  the  execution  of  the  present  decree  and  of  the 
others  which  accompany  it. 
ART.  3.  Let  it  be  communicated,  inserted,  and  published. 

BATLLE  Y  ORD6NEZ. 
BALTASAR  BRTJM. 

Maritime  rules  of  neutrality  which  ought  to  be  observed  in  all 
the  ports,  roadsteads  and  territorial  and  jurisdlctional  waters 
of  the  Republic  of  Uruguay.  August  7,  1914- 

[Registro  Nacional,  1914,  p.  393.] 

MINISTRY  OF  FOREIGN  RELATIONS, 
MINISTRY  OF  WAR  AND  NAVY, 

Montevideo,  August  7,  JOl.'/. 

In  view  of 

The  provisions  of  the  Conventions  of  The  Hague  of  1907, 
adopted  by  practically  all  the  maritime  and  other  nations,  and 
in  conformity  with  the  principles  of  international  law ; 

The  provisions  contained  in  the  three  rules  of  the  convention 
between  England  and  the  United  States  of  May  8,  1871,2  consid- 
ered equally  applicable  in  the  general  practice  with  respect  to 
the  duties  of  neutral  countries  in  case  of  maritime  war : 

Articles  139,  140,  142,  143,  144,  and  145  of  the  Penal  Code  of 
the  Republic  relative  to  crimes  against  the  law  of  nations ; 
The  President  of  the  Republic  decrees: 

ARTICLE  1.  In  case  of  war  between  two  or  more  countries,  the 
Republic  remaining  neutral,  the  following  rules  will  be  applied 


1  Similar  declarations  were  issued  in  reference  to  war  between  Germany 
and  Belgium  and  England,  August  7,  1914 ;  France  and  Austria-Hungary, 
August  14,  1914  ;  Austria-Hungary  and  England  and  Russia,  August  14, 
1914  ;  Turkey  and  France,  November  6,  1914  ;  Turkey  and  England,  No- 
vember 6,  1914. 

*  Treaty  of  Washington,  art.  6,  Malloy,  Treaties,  p.  703. 


Use  of  Territorial  Waters.  107 

with  respect  to  the  ports,  roadsteads,  and  territorial  waters  of 
the  same. 

ABT.  2.  In  accordance  with  the  principle  established  by  the 
treaty  of  Montevideo  in  1889  (Penal  Law,  article  12), *  and  with 
the  principles  generally  acepted  in  these  matters,  the  waters  will 
be  considered  as  territorial  waters  to  a  distance  of  5  miles  from 
the  coast  of  the  mainland  and  islands,  from  the  visible  outlying 
shoals,  and  the  fixed  marks  which  determine  the  limit  of  the 
banks  not  visible.  With  regard  to  bays,  the  distance  of  5  miles 
will  be  measured  along  a  straight  line  run  across  the  bay  at  the 
point  nearest  its  entrance.  In  addition  to  the  bays  or  roadsteads 
established  as  such  by  law  and  custom,  those  places  on  the  coast 
will  be  considered  as  such  which  possess  their  characteristic  form 
and  also  have  an  opening  of  not  more  than  10  miles.  For  the  other 
boundary  waters  the  rule  will  be  according  to  each  case,  the 
middle  line,  the  thalweg  (channel)  or  the  common  jurisdiction  as 
determined  by  the  various  treaties  and  situations. 

ABT.  3.  The  maximum  number  of  ships  of  war  (battleships, 
battle  cruisers,  armored  cruisers,  armed  transports,  or  scouts)  be- 
longing to  one  belligerent  which  may  be  at  one  time  in  a  port  or 
roadstead  of  the  Republic  will  be  four. 

ABT.  4.  The  flotilla  vessels  ( destroy ers*  torpedo  boats,  subma- 
rines, etc.)  will  be  admitted  in  groups  according  to  their  normal 
organization.  Their  number,  however,  will  be  restricted  to  12. 

ART.  5.  Belligerent  ships  of  war,  with  the  exception  of  those 
on  religious,  philanthropic,  or  scientific  missions,  shall  not  be  per- 
mitted to  remain  in  the  ports,  roadsteads,  territorial  or  jurisdic- 
tional  waters  for  a  period  of  more  than  72  hours.  Within  this 
period  shall  be  included  all  the  time  necessary  for  administrative 
formalities  and  intercourse  with  contractors  prior  to  the  final 
loading  of  fuel. 

ART.  6.  If,  after  the  receipts  of  the  notification  of  the  outbreak 
of  hostilities  by  the  Government  of  the  Republic  or  after  it  has 
been  universally  known  that  a  state  of  war  exists,  a  belligerent 
warship  is  within  any  port,  roadstead,  or  territorial  or  jurisdic- 
tional  waters  of  Uruguay,  it  will  be  notified  that  it  must  depart 
within  a  period  of  72  hours  after  receiving  the  notification. 

ABT.  7.  Belligerent  vessels  of  war  shall  not  prolong  their  stay 
in  the  ports  or  waters  of  the  Republic  longer  than  the  designated 
time  unless  delayed  by  injury  or  by  the  condition  of  the  sea,  and 
must  depart  as  soon  as  that  cause  has  ceased  to  be  operative. 

ART.  8.  Vessels  of  war  will  not  be  permitted  to  take  on  more 
supplies  and  provisions  than  they  would  ordinarily  demand  in 
time  of  peace.  With  regard  to  the  amount  of  fuel,  they  will  be 
permitted  to  complete  their  usual  supply  of  coal,  unless  conditions 
force  a  reduction  of  the  allowance. 

ABT.  9.  Belligerent  vessels  will  employ  licensed  pilots  when  it 
is  necessary  for  them  to  enter  or  depart  from  a  port  or  to  navi- 
gate the  territorial  or  jurisdictional  waters. 

1  Martens,  N.  R.  G.,  II,  18 :  435. 


108  Maritime  Rules,  Uruguay. 

ART.  10.  Belligerent  vessels  of  war  will  be  obliged  to  observe  all 
the  sanitary,  port,  customs,  and  police  regulations. 

ART.  11.  Prizes  of  war,  convoyed  or  not,  will  be  permitted  access 
to  the  ports  and  roadsteads  when  they  are  brought  in  to  remain  in 
sequestration  awaiting  decision  by  the  prize  court.  In  other  cases 
the  rules  applicable  to  belligerent  vessels  of  war  will  govern. 

ART.  12.  Merchant  vessels  which  are  already  within  or  enter  the 
harbors,  roadsteads,  or  territorial  or  jurisdictional  waters  during 
the  state  of  war,  and  which  belong  to  one  of  the  belligerent  na- 
tions, will  be  asked  by  the  maritime  authorities,  immediately  upon 
their  entrance  or  after  the  rules  concerning  the  state  of  war  are 
in  operation,  as  to  the  nature  of  the  business  which  they  propose 
to  carry  on  in  the  ports  and  waters  of  the  Republic.  If  they 
declare  themselves  to  be  a  part  of  the  reserve  of  the  navy  of  their 
respective  nations,  and  that  they  wish  to  enjoy  the  prerogatives  of 
vessels  of  war,  the  rules  hitherto  set  forth  in  articles  3,  4,  5,  6,  7, 
8,  9,  and  10  will  be  applicable  to  them.  If  they  declare  that  they 
are  engaged  solely  in  legal  commercial  operations,  they  will  be 
required  to  limit  themselves  to  these,  and  investigation  will  be 
made  to  see  whether  they  have  contraband  on  board  or  carry  arti- 
cles which  may  be  used  to  transform  them  in  the  port  or  on  the 
high  seas  into  privateers  or  vessels  capable  of  military  use.  If  the 
existence  of  such  articles  be  proved,  their  disembarkation  will  be 
required  (to  remain  in  deposit  until  the  condition  of  war  has 
ceased),  and  in  case  of  refusal  the  rules  relating  to  vessels  of  war 
tvill  be  applied  and  departure  will  be  required  at  the  end  of  24 
hours. 

ART.  13.  All  ships  will  be  prohibited  from  using  their  radio  ap- 
paratus while  they  are  in  the  ports  or  waters  of  the  Republic. 

ART.  14.  The  following  articles  are  declared  to  be  contraband 
of  war  according  to  the  intent  of  the  provisions  of  the  first  para- 
graph of  article  141  of  the  Penal  Code :  All  classes  of  arms,  mili- 
tary apparatus,  cannon,  howitzers,  machine  guns,  revolvers, 
bombs,  torpedoes  and  other  firearms,  explosives,  or  inflammables ; 
side  arms ;  powder  and  fulminating  substances ;  military  engineer- 
ing implements ;  helmets,  cuirasses,  harnesses,  saddles  and 
bridles;  uniforms;  vessels  of  war  and  their  parts  (turrets,  armor 
plate,  rams,  etc.)  ;  all  instruments  and  objects  especially  manu- 
factured for  military  purposes  for  use  on  land  or  sea ;  naval 
munitions ;  wood  for  the  construction  of  vessels  and  materials 
destined  for  the  construction  or  the  repair  of  vessels;  and  sub- 
stances and  machines  for  the  manufacture  of  munitions  of  war 
(nitrates  and  phosphates  for  fertilizing  purposes  are  excepted 
according  to  the  Declaration  of  London  of  1909). 

ART.  15.  The  maritime  authorities  will  see  that  the  merchant 
vessels  load  no  contraband  of  war  nor  articles  capable  of  being 
used  to  convert  vessels  into  privateers  or  of  vessels  adaptable  to 
military  purposes ;  nor  shall  troops  or  crews  be  recruited  in  the 
ports  or  waters  of  the  Republic.  To  this  end  the  papers  of  the 


Rules  as  to  Flag.  109 

vessels   will   be  carefully  examined,   and   in   case   they   are  not 
regular  as  to  the  cargo  or  the  proposed  business  of  the  vessel,  its 
departure  will  be  requested  within  24  hours  without  further  oper- 
ations, unless  it  submit  to  the  measures  required  by  the  authori- 
ties in  order  to  guarantee  the  requirements  of  neutrality. 
*    ART.  16.  Infractions,  aside  from  these  measures  of  protection 
and  sequestration  of  articles  of  contraband,  will  be  submitted  to 
judicial  authority  under  the  provisions  and  statutes  of  the  Penal 
Code. 
ART.  17.  Let  it  be  communicated,  inserted,  and  published. 

BATLLE  Y  ORDONEZ. 

BALTASAR  BRUM. 

JUAN  BERNASSA  Y  JEREZ. 

Decree  forbidding  the  flying  of  the  flag  by  vessels  belonging  to 
belligerent  countries.     August  18,  1914- 

[Registro  Nacional,  1914,  p.  409.] 

MINISTRY  OF  FOREIGN  RELATIONS, 

Montevideo,  August  18,  1914  • 
In  view  of — 

1.  The  communication  of  the  consul  general  in  Brazil  in  refer- 
ence to  the  anxiety  of  a  Brazilian  concern  which  wishes  to  take 
the  Uruguayan  flag  for  a  steamer  which  actually  flies  the  flag 
of  a  belligerent  power ; 

2.  The  declaration  of  the  London  Naval  Conference  of  February 
26,   1909,   article  56,   which  says :   "  The   transfer  of  an   enemy 
vessel  to  a  neutral  flag,  effected  after  the  opening  of  hostilities, 
is  void  unless  it  is  proved  that  such  transfer  was  not  made  in 
order  to  evade  the  consequences  which  the  enemy  character  of 
the  vessel  would  involve." 

3.  The  difficulty,  in  the  case  in  question,  of  establishing  any 
other  object  than  that  foreseen  by  the  declaration  cited,  since  it 
is  not  a  question  of  a  vessel  acquired  by  a  Uruguayan  company 
or  person  and  for  the  service  of  that  concern  and  for  the  advan- 
tage of  the  country  whose  flag  it  wishes  to  take ; 

The  President  of  the  Republic  resolves  and  decrees: 
ARTICLE  1.  In  the  circumstances  in  question,  the  permission  to 
fly  the  flag  as  a  Uruguayan  vessel  by  a  vessel  which  flies  the 
flag  of  a  belligerent  country  is  not  considered  applicable. 
ART.  2.  Let  it  be  communicated,  inserted,  and  published. 

BATLLE  Y  ORDONEZ. 
BALTASAR  BRUM. 


110  Radio  Rules,  Uruguay. 

Prohibition  in  national  ports,  in  territorial  waters,  and  in  the  inte- 
rior of  all  radio  communications  with  vessels  of  war  or  com- 
merce. August  31,  1914- 

[Registro  Nacional,  1914,  p.  435.] 

MINISTRY  OF  FOREIGN  RELATIONS, 

MINISTRY  OF  WAR  AND  NAVY, 

Montevideo,  September  1,  1914. 
In  view  of: 

(1)  The  provisions  of  article  13  of  the  decree  of  August  7  of 
the  present  month,  concerning  the  use  of  radio  apparatus  by  ves- 
sels which  are  in  the  ports  or  waters  of  the  Republic,  and  (2) 
articles  8  of  the  international  telegraphic  convention  of  St. 
Petersburg,  17  1  of  the  radio  conventions  of  Berlin  and  London,* 
and  5  and  25  of  convention  xiii  of  The  Hague,  1917 ; 
The  President  of  the  Republic  decrees: 

ARTICLE  1.  All  radio  communication  from  one  ship  to  another, 
either  of  war  or  of  commerce,  is  forbidden  in  ports,  jurisdictional 
and  territorial  waters. 

ART.  2.  Radio  communication  coming  from  ships  or  addressed 
to  them  ought  to  be  clearly  written  and  in  the  Spanish,  French, 
English,  German,  Italian,  or  Portuguese  languages.  Abbrevia- 
tions and  conventional  addresses  and  signatures  are  also  forbid- 
den in  telegrams.  Telegrams  proceeding  from  Governments  or 
legations  can  pass  in  a  cipher  or  conventional  language  on  con- 
dition that  they  carry  clear  proof  of  their  origin. 

ART.  3.  Radio  stations  will  advise  every  war  or  merchant  ves- 
sel which  enters  the  territorial  or  jurisdictional  waters  that  it  is 
forbidden  to  make  use  of  its  apparatus  except  in  case  of  danger, 
and  in  that  case  to  direct  its  messages  only  to  the  coast  stations. 
ART.  4.  The  stations  which  have  noticed  any  communication  be- 
tween vessels  which  are  in  the  territorial  or  jurisdictional  waters 
will  give  the  notice  provided  by  article  3  and  will  immedately 
bring  the  matter  to  the  attention  of  the  maritime  authorities  by 
transmitting  the  text  of  any  communication  which  they  may  have 
received. 

ART.  5.  Without  prejudice  to  the  penalties  applicable  for  dis- 
obedience to  the  orders  of  the  authorities,  all  vessels  which,  in  the 
ports  or  waters  of  the  Republic,  shall  violate  the  provisions  of 
the  present  decree  will  be  obliged  to  dismantle  their  telegraphic 
apparatus,  and  whenever  this  measure  can  not  be  applied  they 
will  be  forbidden  access  to  the  ports,  (Art.  9  of  Hague  conven- 
tion xiii,  1907.) 

ART.  6.  The  general   inspection  of  radiotelegraphy   is  charged 
with  the  execution  of  the  provisions  of  the  present  decree. 
ART.  7.  Let  it  be  communicated,  inserted,  and  published. 

BATLLE  Y  ORD6NEZ. 
BALTASAR  BRUM. 
JUAN  BERNASSA  Y  JEREZ. 

» Martens,  N.  R.  G.,  II,  3:614. 
*  Charles,    Treaties,    pp.    151,    185. 


Armed  Merchant  Vessels.  Ill 

Addition  to  the  decree  of  August  7,  1914,  determining  the  duties  of 
countries  as  neutral  powers  in  that  ichich  concerns  merchant 
•vessels  armed  for  defense.    September  8,  1914. 
[Registro  Nacional,  1914,  p.  442.] 

MINISTRY  OF  FOREIGN  RELATIONS. 
MINISTRY  OF  WAR  AND  NAVY. 
In  view  of 

1.  The  doubts  which  have  arisen  for  the  maritime  authorities 
as  to  the  meaning  of  the  rules  contained  in  articles  12  and  15  of 
the  decree  of  August  7,  1914,  concerning  ships  which,  while  declar- 
ing that  they  are  engaged  only  in  commercial  operations,  carry 
on  board  arms  which  might  serve  for  hostile  ends ; 

2.  Article  8  of  convention  xiii  of  The  Hague,  which  imposes 
the  obligation  upon   neutral  Governments   to  use  all   means   at 
their  disposal  to  prevent  in  their  jurisdiction  the  arming  of  ves- 
sels for  privateering  or  participating  in  any  hostile  operations 
against  a  power  with  which  they  are  at  peace  and  for  preventing 
the  departure  of  a  vessel  under  those  conditions ; 

3.  That  it  can  and  ought  to  be  considered  as  compatible  with 
the  carrying  out  of  legitimate  commercial  operations,  that  the 
vessels  be  armed  for  defense,  if  at  the  same  time  these  vessels 
by  other  conditions  of  their  equipment  and  their  navigation,  pre- 
sent sufficient  guaranty  of  their  true  character. 

The  President  of  the  Republic  decrees: 

ARTICLE  1.  Vessels  which  arrive  at  the  ports  of  the  Republic 
carrying  cargoes  and  passengers  as  in  the  normal  course  of  navi- 
gation will  be  regarded  as  devoted  to  commerce  even  if  they 
have  arms  on  board.  Each  vessel  will  be  required  to  make  an 
express  declaration  in  writing : 

(1)  That  it  is  engaged  in  commerce; 

(2)  That  it  will  not  be  transformed  into  a  privateer; 

(3)  That  the  arms  which  it  has  on  board  will  be  used  only  to 
defend  the  vessel  in  case  of  attack. 

ART.  2.  If  the  authorities  have  doubts  as  to  the  destination  of 
the  arms  or  munitions  which  the  vessel  carries,  as  to  their  quan- 
tity, disposition,  etc.,  they  will  proceed  conformably  to  the  pro- 
visions of  the  decree  of  August  7. 

ART.  3.  A  merchant  vessel  which  does  not  carry  passengers  or 
cargo  will  be  considered  as  having  that  character  even  if  it  car- 
ries arms,  if  the  legation  of  the  country  to  which  it  belongs  makes 
a  declaration  in  writing  to  the  ministry  of  foreign  relations 
equivalent  to  that  suggested  in  article  1. 

ART.  4.  The  falsity  of  the  declarations  referred  to  in  article  1 
will  give  occasion  for  the  application  of  the  pi'ovisions  of  article 
9  of  convention  xiii  of  The  Hague  and  of  that  which  results  from 
it  when  the  vessel  is  under  the  jurisdiction  of  the  Republic. 
ART.  5.  Let  it  be  communicated,  inserted,  and  published. 

BATLLE  Y  ORDONEZ. 
BALTASAR  BRUM. 
JUAN  BERNASSA  Y  JEREZ. 


112  Radio  Rules,  Uruguay. 

Addition  to  the  decree  of  August  31,  1914,  which  prohibits  in  na- 
tional ports,  territorial  icaters,  and  in  the  interior  all  radio  com- 
munication with  war  or  merchant  vessels.  September  29,  1914- 

[Registro  Nacional,  1914,  p.  485.] 

MINISTRY  OF  WAR  AND  NAVY, 

Montevideo,  September  29,  1914- 

Considering  that  it  is  necessary  to  amend  the  decree  of  August 
31,  last,  relative  to  radio  communication  in  the  ports  and  terri- 
torial .and  jurisdictional  waters : 

The  President  of  the  Republic  decrees: 

ARTICLE  1.  Vessels  which  for  any  reason  sojourn  in  the  ports  or 
roadsteads  more  than  72  hours  should  have  their  radio  apparatus 
dismantled  in  such  a  manner  that  they  can  neither  send  nor 
receive  communications. 

ART.  2.  The  general  inspection  of  radiotelegraphy,  in  coopera- 
tion with  the  maritime  authorities,  will  take  the  measures  neces- 
sary for  the  execution  of  the  present  decree. 
ART.  3.  Let  it  be  communicated,  inserted,  and  published. 

BATLLE  Y  ORD6NEZ. 
BALTASAR  BRUM. 
JUAN  BERNASSA  Y  JEREZ. 

Regulation  on  the  installation  and  use  of  radiotelegraphy  on  land 
and  on  vessels,  national  or  foreign,  in  the  poi-ts  or  waters  of  the 
nation.  October  20,  191'4. 

[Registro  Nacional,  1914,  p.  507.] 

MINISTRY  OF  FOREIGN  RELATIONS, 
MINISTRY  OF  INDUSTRY, 
MINISTRY  OF  WAR  AND  NAVY, 

Montevideo,  October  20,  191/f. 
In  view  of 

1.  The  provisions  of  articles  1,  6,  8,  and  21  of  the  convention  of 
July  5,  1912,1  on  radiotelegraphy,  and  article  9  of  the  additional 
regulations    referring    to    the    obligations    concerning    the    inter- 
national  rules  applicable  to  all   stations ;   to  communication   be- 
tween the  authorities  of  stations  established  in  each  country ;  to 
the  means  of  preventing  interference  with  the  service  of  each  of 
the  stations  by  the  others ;  and  to  the  necessity  of  an  authoriza- 
tion for  the  operation  of  the  stations,  etc. 

2.  Article  3  of  convention  v  and  article  25  of  convention  xiii 
of  The  Hague,  1907,  and 

3.  The  decrees  of  August  31  and  September  29,  1914,  on  the 
limitation  of  the  use  of  radio  apparatus ; 

The  President  of  the  Republic  decrees: 

ARTICLE  1.  No  person  or  company  can  establish  radio  stations 
nor  install  nor  operate  radio  apparatus  on  land  or  on  national  ves- 
sels without  a  permit  from  the  Executive  power. 

1  Chartes,  Treaties,  pp.  185. 


Radiotelegraphy.  113 

ABT.  2.  No  use  can  be  made  of  apparatus  installed  on  vessels 
lying  in  the  ports  or  territorial  or  jurisdictional  waters  of  the  Re- 
public except  in  accord  with  the  orders  of  the  national  authority. 

ART.  3.  In  making  a  request  for  authorization  to  install  or 
operate  radio  stations  or  apparatus,  a  declaration  must  be  made  of 
(a)  the  class  of  apparatus,  with  specification  of  the  power  and 
source  of  energy;  (6)  the  use  to  which  it  is  to  be  put;  (c)  the 
place  or  vessel  where  it  will  be  installed;  (d)  the  name  of  the 
person  or  company,  proprietor  of  the  place  or  vessel  and  its 
nationality,  the  whole  accompanied  by  documentary  evidence; 
(e)  a  sketch  of  the  interior  and  exterior  of  the  installation,  with 
description  of  measurements. 

AST.  4.  The  Executive  power  reserves  to  itself  the  right  to  or 
not  to  authorize  the  operation  of  the  station  or  apparatus,  as 
well  as  that  of  demanding  any  information  or  supplementary 
document  in  order  to  determine  in  each  case  the  possibility  of  the 
authorization. 

ART.  5.  Under  the  name  of  radiotelegraph  is  included  all  classes 
of  apparatus  of  the  Marconi,  Telefunken,  Rochefort,  and  other 
systems  for  the  transmission  of  communications  without  metal 
wires  or  cables,  telegraphic  apparatus  employed  for  the  same  use, 
and  all  equivalent  mechanisms  or  means,  such  as  optical  appara- 
tus, lights,  flags,  etc. 

ART.  6.  The  requests  for  all  matters  relative  to  this  decree  will 
be  presented  to  the  ministry  of  war  and  navy. 

ABT.  7.  All  persons  or  companies  who  have  radio  stations  or 
apparatus  on  land,  or  on  national  or  foreign  vessels  at  anchor 
to  remain  more  than  three  days  in  the  ports  or  waters  of  the 
Republic,  ought  to  communicate  before  10  hours  with  the  ministry 
of  war  and  navy,  conformably  to  the  provisions  of  article  3. 

ABT.  8.  After  the  delay  provided  in  article  7,  all  stations  and 
installations  made  in  contravention  of  the  provisions  in  force 
will  be  dismantled  and  rendered  unusable. 

ABT.  9.  The  maritime  authorities,  the  national  telegraph,  and 
the  electrical  works  of  Montevideo  will  give  to  the  national  inspec- 
tion of  radiotelegraphy  the  cooperation  necessary  to  prove  the 
existence  of  radio  stations  or  installations,  and  for  an  exact  appli- 
cation of  the  provisions  of  the  present  decree.  The  same  coopera- 
tion will  be  solicited  of  private  telegraph  and  telephone  companies. 

ART.  10.  Infraction  of  the  provisions  of  the  present  decree  will 
be  punished  by  the  penalties  provided  in  section  ix  of  book  ii,  title 
iii,  of  the  penal  code  without  prejudice  to  the  right  of  dismantling 
all  apparatus  and  installations  or  the  measures  indicated  by  the 
decrees  of  August  31  and  September  29,  1914. 

ART.  11.  Let  it  be  communicated,  inserted,  and  published. 

BATIXE  Y  ORD6NEZ. 
BALTASAB  BRUM. 
JOSE  RAMASSO. 
JUAN  BEBNASSA  Y  JEREZ. 

79596—17 8 


114  Contraband  Rules,  Uruguay. 

Determination  of  the  products  and  articles  which  the  Republic 
does  not  consider  contraband  of  war  and  the  risk  of  which  will 
be  a.t  the  account  of  those  interested.  October  20,  1914. 

[Registro  Nacional,  1914,  p.  509.] 

MINISTRY  OF  FOREIGN  RELATIONS, 
MINISTRY  OF  INDUSTRY, 

Montevideo,  October  20,  1914- 
In  view  of 

1.  Article  18  of  Convention  v  of  The  Hague,  1907,  which  refers 
to  the  supplying  of  belligerents  ; 

2.  Articles  22,  23,  24,  28,  29  (chapter  ii)  of  the  Declaration  of 
London  of  1909  on  the  classification  of  contraband  of  war  and 
the  exceptions ;  and  the  provisions  of  the  same  chapter  ii  and  of 
chapter  iii  on  the  confiscation  of  goods  and  ships  and  unneutral 
service ; 

3.  Article  14  of  the  decree  of  August  7,  1914,  which  contains 
the  declaration  of  contraband  of  war ;  and  article  141,  paragraph 
1,  of  the  penal  code ; 

4.  That  it  is  possible  to  authorize  commerce  with  the  belliger- 
ents in  articles  which  the  legislature  of  the  Republic  does  not 
consider  contraband  of  war  even  if  they  are  among  those  which 
the  Declaration  of  London  considers  absolute  or  conditional  con- 
traband ; 

5.  That  the  commerce  to  which  the  preceding  sentence  refers 
ought  to  be  carried  on  in  all  cases  at  the  account  of  and  at  the 
risk  of  the  merchants,  contractors,  and  purchasers,  thus  exclud- 
ing all  responsibility  of  the  State  in  case  of  confiscation. 

The  President  of  the  Republic  decrees: 

ARTICLE  1.  The  sale  is  declared  legal  of  supplies  of  forage  and 
grain  suitable  for  the  feeding  of  animals,  of  garments,  textiles, 
and  footwear,  of  tanned  hides,  of  horses  and  mules,  of  herds  of 
cattle,  sheep,  and  hogs  on  foot,  even  if  they  have  been  purchased 
for  the  armies  at  war. 

ART.  2.  According  to  articles  28  and  29  of  the  Declaration  of 
London,  the  following  articles  are  not  considered  contraband  of 
war:  Wool  and  raw  material  of  the  textile  industry  as  well  as 
yarns,  oil  seeds,  rawhides,  and  horns;  manures  for  agricultural 
purposes;  minerals,  earths,  clays,  lime,  chalk,  stone,  marble,  bricks, 
tiles ;  soaps,  paints,  colors,  and  materials  used  in  their  manufac- 
ture, and  varnishes;  paper  and  material  prepared  for  its  manu- 
facture ;  feathers  of  all  kinds,  hairs,  and  bristles ;  articles  of 
household  furniture  and  decorations ;  office  furniture  and  acces- 
sories ;  articles  and  materials  serving  exclusively  for  the  care  of 
the  sick  and  wounded  (subject,  however,  to  the  right  of  requisi- 
tion on  payment  of  value  in  case  they  are  destined  to  the  terri- 
tory of  an  enemy  or  territory  occupied  by  him  or  by  his  forces)  ; 
articles  and  materials  intended  for  the  use  of  the  vessel  in  which 


Rules  as  to  War  Vessels.  115 

they  are  found  as  well  as  those  for  the  use  of  her  crew  and 
passengers  during  the  voyage. 

ART.  3.  The  charterer  should  take  account  of  the  risk  accord- 
ing to  the  provisions  of  chapters  ii  and  iii  of  the  Declaration  of 
London,  and  especially  of  the  fact  that  the  neutral  vessel  is  con- 
sidered subject  to  confiscation  when  it  is  loaded  in  whole  by  a 
belligerent  Government. 

ABT.  4.  In  case  of  confiscation  of  cargoes  or  vessels  coming 
from  the  Republic,  as  in  other  risks  and  conflicts  which  may  be 
presented  to  the  shippers  and  consignors,  they  will  be  considered 
according  to  the  rules  of  the  relevant  legislation  in  force  before 
the  departure  of  the  vessel  from  the  Uruguayan  port,  and  in  this 
case,  when  once  the  voyage  has  begun,  residence  excludes  all 
intervention  of  a  diplomatic  character  by  Uruguay. 

ABT.  5.  Let  it  be  communicated,  inserted,  and  published. 

BATLLE  Y  OBD6NEZ. 
BALTASAB    BBTJM. 
JOSE  RAMASSO. 

New  maritime  rules  to   be  observed  in  reference  to   belligerent 
vessels  of  war.    December  14,  1914? 

[Registro  Nacional,   1914;  582.] 

MINISTBY  OF  FOREIGN  RELATIONS, 
MINISTRY  OF  WAB  AND  NAVY, 

Montevideo,  December  14,  1914. 
In  vieio,  of 

1.  Articles  12  and  15  of  the  decree  of  August  7,  1914,  and  the 
decree  of  September  8,  1914,  which  refer  to  merchant  vessels  and 
to  the  conditions  and  formalities  for  recognizing  this  character, 
to  the  effects  of  sojourn  in  the  ports  of  the  Republic  to  take  on 
supplies,  etc. ; 

2.  The  opportunity  of  completing  and  defining  the  rules  which 
serve  to  determine  with  entire  impartiality  the  character  of  ves- 
sels and  the  observance  of  the  principles  and  the  rules  of  neu- 
trality ; 

3.  The   authoritative   precedents   in   the   rules    issued   by   the 
United  States  of  America  and  other  American  countries ; 

4.  The  situation  of  the  ports  of  the  Republic  in  reference  to 
the  great  lines  of  navigation,  their  situation  as  furnishers  on  a 
great  scale  of  coal  and  general  supplies  for  the  marine,  the  dis- 
tances to  the  ports  of  neighboring  countries  frequently  entered, 
and  other  peculiar  circumstances ; 

The  President  of  the  Republic  decrees: 

ARTICLE  1.  With  the  object  of  preventing  the  ports  of  the  Re- 
public from  being  used  as  bases  of  operations  for  belligerent  war- 
ships the  following  rules  will  be  observed : 

1  Similar  to  United  States  regulation,  September  19,  1914.     See  p.  91. 


116  Rules  as  to  Base  of  Operations. 

(a)  It  is  presumed  that  a  base  of  operations  may  exist  when- 
ever fuel  and  supplies  for  vessels  are  laden  in  a  port  more  than 
once  in  a  period  of  three  months  since  the  commencement  of  the 
war  or  during  it,  either  directly  or  by  the  intermediary  of  aux- 
iliary vessels  attached  to  the  belligerent  fleet  or  by  the  means 
of  merchant  vessels  of  belligerent  or  neutral  nationality  which  act 
as  auxiliaries. 

(ft)  The  simple  rumor  that  a  vessel  laden  with  fuel  or  naval 
supplies  with  the  intention  of  delivering  its  cargo  to  a  belligerent 
warship  on  the  high  seas,  when  it  does  not  rest  on  direct  or  indi- 
rect evidence,  does  not  impose  on  the  neutral  authorities  the  duty 
of  detaining  the  merchant  vessel  with  the  object  of  making  an 
inquiry,  unless  it  is  known  that  this  vessel  has  previously  trans- 
ported provisions  for  a  belligerent  warship. 

(c)  When  there  is  indirect  evidence  which  confirms  the  rumor 
or  the  suspicion  that  the  merchant  vessel  has  the  intention  of  sup- 
plying a  belligerent  warship  with  fuel  or  other  supplies  on  the 
high  seas,  the  suspected  vessel  will  be  detained  until  its  intention 
can  be  proved.     This  'procedure  ought  to  be  followed  especially 
when  it  is  known  or  a  strong  suspicion  exists  that  a  belligerent 
warship  is  at  sea  just  outside  of  the  port  where  the  merchant 
vessel  takes  a  cargo  which  might  be  used  for  naval  supplies ; 
when  the  merchant  vessel  is  of  the  nationality  of  the  belligerent 
to  which  the  warship  belongs,  the  presence  of  which  on  the  coast 
is  well  known;  when  a  merchant  vessel  which,  in  its  preceding 
voyage  between  a  Uruguayan  port  and  a  neutral  port,  has  reached 
its  port  of  destination  without  having  on  board  the  cargo  of 
naval  supplies  taken  in  the  port  of  departure  and  desires  to  take 
?^   similar  cargo;  when  agents  of  a  belligerent  Government  pur- 
chase the  fuel  or  other  provisions  and  they  are  loaded  on  a  mer- 
chant vessel  which  does  not  clear  for  a  port  of  a  belligerent  coun- 
try but  for  a  neighboring  neutral  port ;  and  when  agents  of  a 
belligerent  Government  take  passage  on  board  a  merchant  vessel 
which  carries  a  cargo  of  fuel  or  other  provisions  and  which  is 
cleared  for  a  neighboring  neutral  port. 

(d)  When  a  merchant  vessel  laden  with  fuel  or  other  naval 
supplies   wishes   to  depart  under   circumstances  giving  grounds 
for  strong  suspicion  that  it  intends  to  carry  the  fuel  or  supplies 
to  a  belligerent  warship,  it  will  not  be  detained  for  that  fact 
alone  if  the  case  is  isolated  and  if  neither  the  merchant  vessel 
nor  the  warship  to  which  the  supplies  are  supposed  to  be  destined 
have  previously  loaded  similar  supplies  since  the  beginning  of  the 
war  or  within  the  period  of  three  months. 

(e)  For  judging  whether  a  belligerent  wishes  to  convert  neU' 
tral  territory  into  a  base  of  naval  operations,  it  is  necessary  to 
take  account  as  an  essential  idea  of  the  repeated  departure  from 
the  territory  of  an  auxiliary  vessel  of  a  belligerent  fleet,  or  of  a 
merchant  vessel  in  the  service  of  a  belligerent,  laden  with  fuel 
or  other  naval  supplies. 


Sojourn  of  Vessels.  117 

(/)  It  is  not  necessary  to  detain  or  forbid  the  loading  of  a  mer- 
chant vessel  which,  having  previously  taken  a  cargo  of  naval 
supplies  in  a  port  of  the  Republic  or  a  neutral  port,  has  carried 
them  to  its  destination  even  when  it  is  a  question  of  an  identical 
cargo  and,  indeed,  when  the  neutral  port  of  destination  might 
serve  as  a  base  of  belligerent  operations. 

(g)  The  duty  of  forbidding  an  act  contrary  to  neutrality  is 
incumbent  exclusively  on  the  neutral  country  whose  territory  is 
used  as  a  base ;  and  even  if  the  supplies  are  transported  directly 
to  a.  naval  base  established  on  the  territory  of  a  belligerent  or  on 
territory  under  belligerent  authority,  the  Uruguayan  authorities 
are  not  obliged  by  any  duty  of  neutrality  to  limit  their  cargoes 
or  to  detain  the  vessels  or  to  forbid  the  trade  in  any  other 
manner. 

ABT.  2.  Merchant  vessels  flying  the  flag  of  a  belligerent  country, 
which  are  in  the  ports  of  the  Republic  from  being  compelled  to 
interrupt  their  voyage  because  of  the  state  of  war,  or  which 
arrive  at  these  ports  in  order  to  adjust  themselves  to  the  state 
of  war,  can  not  depart  even  if  there  exists  no  ground  for  suspect- 
ing that  they  have  the  intention  of  violating  neutrality  (as  pre- 
scribed by  art.  1)  without  a  declaration  of  the  consular  repre- 
sentative of  the  country  in  question  indicating  the  ports  of  call 
and  the  port  of  destination  and  certifying  that  the  voyage  has  a 
purely  commercial  object. 

ABT.  3.  Whenever  a  merchant  vessel  has  left  or  leaves  a  port  of 
the  Republic  and  it  is  proved  that  it  has  not  followed  the  itinerary 
declared  by  the  consul,  it  can  not  carry  on  operations  in  any  port 
and  it  can  enter  only  to  remain  at  the  place  the  authorities  assign 
to  it  until  the  end  of  the  war,  without  prejudice  to  measures  re- 
lating to  the  false  declaration  of  the  consul  or  to  the  fault  of  the 
owner  or  the  captain. 

ART.  4.  To  prevent  the  clandestine  departure  of  merchant  ves- 
sels in  port  the  authorities  will  observe  the  following  provi- 
sions : 

(a)  Not  to  permit  vessels  to  begin  loading  supplies  before 
making  the  declarations  and  guaranties  provided  in  article  2. 

(&)  To  require  them  to  discharge  all  fuel  and  provisions  which 
are  not  strictly  necessary  for  the  requirements  of  their  sojourn 
in  port. 

(c)  To  assign  them  an  anchorage  which  permits  the  best  sur- 
veillance. 

(<Z)  To  take  all  other  measures  of  precaution  (such  as  prevent- 
ing the  operation  of  machinery)  without  prejudice  to  the  security 
and  the  good  conservation  of  the  vessel. 

ABT.  5.  The  provisions  of  the  present  decree  will  apply  to  mer- 
chant vessels  which  are  in  the  ports  of  the  Republic  at  the  date 
of  the  decree  and  to  those  which  arrive  up  to  the  end  of  the  war. 

ABT.  6.  Let  it  be  communicated,  inserted,  and  published. 

BATLLE  Y  OBDO^NEZ. 
BALTASAB  BBUM. 
JUAN  BEBNASSA  Y  JEBEZ. 


118  Rules  as  to  Supplies,  Uruguay. 

Regulations  relative  to  the  supply  of  coal  which  belligerent  vessel* 
of  war  can  take  in  the  ports  of  the  Republic.  December  15,  1914. 

i  LBegistro  Nacional,  1914,  p.  585.] 

MINISTRY  OF  FOREIGN  RELATIONS, 
MINISTRY  OF  WAR  AND  NAVY. 

Montevideo,  December  15,  1914. 
In  view  of 

1.  Articles  5  and  19  of  convention  xiii  of  The  Hague,  1907  ; 

2.  The  proposal  of  the  Government  of  the  Republic  of  Chile  ' 
relative  to  the  adoption  of  certain  rules  proper  to  better  guarantee 
neutrality,  a  proposal  which  merits  the  approval  of  this  govern- 
ment and  .which  it  has  taken  into  account  in  another  decree  of  the 
present  date  ; 

The  President  of  the  Republic  decrees: 

ARTICLE  1.  Belligerent  vessels  of  war  can  supply  themselves  in 
the  ports  of  the  Republic  with  coal  only  to  the  extent  necessary  to 
gain  the  first  coaling  station  of  a  state  near  to  Uruguay. 

ART.  2.  The  authorities  will  take  into  account  in  determining 
the  maximum  cargo  of  fuel  the  normal  consumption  of  the  vessel 
in  reference  to  its  speed  and  to  the  distance  to  the  nearest  port 
toward  which  it  is  bound. 

ART.  3.  Paragraph  2  of  article  8  of  the  decree  of  August  7, 
1914,  is  modified  by  the  present  decree. 
ART.  4.  Let  it  be  communicated,  inserted,  and  published. 

BATLLE  Y  ORDONEZ. 
BALTASAR  BRUM. 
JUAN  BERNASSA  Y  JEREZ. 

Limitation  of  the  time  of  sojourn  of  belligerent  vessels  of  war  in 
the  ports,  roadsteads,  or  w.aters  of  the  national  jurisdiction. 
December  15, 


[Registro  Nacioual,  1914,  p.  585.] 

MINISTRY  OF  FOREIGN  RELATIONS, 
MINISTRY  OF  WAR  AND  NAVY. 

Montevideo,  December  15,  1914. 
In  view  of 

1.  Article  12  of  convention  xiii  of  The  Hague,  1907,  concerning 
the  time  of  sojourn  of  belligerent  warships  in  neutral  ports,  road- 
steads, or  waters,  and  article  5  and  others  of  the  decree  of  August 
7,  1914,  which  considers  the  time  of  sojourn  ; 

2.  The  opportunity  of  putting  the  provisions  in  force  in  the 
Republic  in  harmony  with  those  of  other  countries,  in  particular 
the  American  countries,  which  have  limited  to  24  hours  the  nor- 
mal time  of  sojourn  of  these  vessels  ; 

1  See  decree  of  Chile,  December  15,  1914,  p.  22. 


Neutrality  .Declaration,  Venezuela.  119 

The  President  of  the  Republic  decrees: 

ARTICLE  1.  The  time  of  sojourn  in  the  ports,  roadsteads,  and 
waters  of  the  Republic  of  belligerent  vessels  of  war  is  limited  to 
24  hours  except  in  the  cases  and  exceptions  provided  by  conven- 
tion xiii  of  The  Hague  and  by  articles  5,  7,  and  12  of  the  decree 
of  August  7  conforming  to  the  provisions  of  that  convention. 
ABT.  2.  Let  it  be  communicated,  inserted,  and  published. 

BATLLE  Y  ORDONEZ. 
BALTASAR  BRUM. 
JUAN  BERNASSA  Y  JEREZ. 

VENEZUELA.1 

Declaration  of  neutrality,  August  8,  lOI.'i. 

MINISTRY  FOR  FOREIGN  RELATIONS, 
SECTION  OF  EXTERNAL  PUBLIC  LAW, 

No.  1,475.  Caracas,  August  8,  lOl.'f. 

CITIZEN  MINISTER  OF  FINANCE  : 

As  there  exists  at  present  a  state  of  war  between  several 
nations  of  Europe  with  which  Venezuela  maintains  relations  of 
friendship,  and  the  Government  of  the  Republic  being  desirous 
to  sustain  its  neutrality  in  this  conflict,  deems  necessary  to  make 
known  the  rights  which,  in  accordance  with  the  principles  and 
practices  of  international  law  and  with  the  obligations  of  diplo- 
matic treaties,  the  Republic  is  called  to  observe. 

To  this  effect  I  have  the  honor  to  accompany  with  this  note  the 
instructions  which  in  consequence  with  those  principles,  with  the 
resolutions  of  the  second  peace  conference  of  The  Hague  of 
3907,  and  with  the  rules  adopted  by  Venezuela  in  regard  to  the 
pirates  of  the  belligerents,  the  collectors  of  customs  of  the  Repub- 
lic can  follow  in  the  cases  which  may  occur,  so  as  to  make  effec- 
tive the  neutrality  which  the  national  government  is  decidedly 
disposed  to  observe  in  the  actual  war. 

In  any  case  not  foreseen  in  these  instructions,  the  customs 
officials  shall  proceed  immediately  to  communicate  to  this  depart- 
ment, through  the  respective  channel,  the  necessary  information 
to  elucidate  the  character  of  the  case  and  to  the  effect  of  its 
decision  by  the  national  government. 

According  to  the  informations  which  have  been  obtained  up 
to  date  confidentially  the  belligerent  nations  are :  On  the  one  side, 
Germany  and  Austria;  and  on  the  other,  Russia,  France,  Great 
Britain,  Servia,  and  Belgium. 

Dios  y  Federacion. 

MANUEL  DIAZ  RODRIGUEZ. 

1  Unless  otherwise  indicated,  the  Venezuelan  documents  are  transcripts 
of  the  English  translations  in  Estados  Unidos  de  Venezuela,  Bole-tin  del 
Mlnestero  de  Relaciones  Exterlores  1914,  p.  137  et  seq.  The  Spanish  text 
may  also  be  found  in  El  Libro  Amarillo  de  los  Estados  L'nidos  do  Vene- 
zuela. Ministro  de  Relaciones  Exteriores,  1915,  vol.  2,  p.  21  et  seq. 


120  Instructions  to  Collectors,  Venezuela. 

Instructions  to  the  collectors  of  customs  of  the  Republic  relating 
to  the  neutrality  of  Venezuela  in  the  present  European  war, 
August  8,  19J.'f. 

Permit  that  the  warships  of  the  belligerents  make  use  of  the 
pilots  officially  appointed. 

Prevent  that  warships  of  the  belligerents  remain  in  the  port  or 
anchorage  or  in  the  waters  of  your  jurisdiction  for  more  than 
24  hours,  except  in  the  cases  foreseen  in  these  instructions. 

The  permanency  of  a  warship  of  a  belligerent  in  a  neutral  port 
can  only  be  prolonged  more  than  the  duration  aforesaid  in  case 
of  damage  or  on  account  of  the  state  of  the  sea. 

It  must  be  forced  to  depart  from  the  time  the  cause  of  the 
delay  has  ceased. 

The  rules  on  the  duration  of  the  permanency  in  the  port,  har- 
bor, or  neutral  waters  do  not  apply  to  ships  of  war  exclusively 
destined  to  religious,  scientific,  or  philanthropic  missions. 

Not  to  permit  that  there  be  anchored  in  the  port,  harbor,  or 
territorial  waters  more  than  three  ships  of  war  of  a  belligerent. 

When  ships  of  war  of  the  belligerent  parties  are  found  simulta- 
neously in  the  port  or  harbor,  at  least  24  hours  must  elapse  within 
the  departure  of  the  ship  of  a  belligerent  and  the  departure  of 
the  ship  of  the  other. 

The  order  of  the  departures  must  be  determined  by  that  of 
the  arrivals,  unless  the  ship  that  first  arrived  be  in  the  case 
that  the  prolongation  be  admitted  beyond  the  legal  duration  of 
the  permanency. 

A  ship  of  war  of  a  belligerent  shall  not  leave  the  port  or  harbor 
but  24  hours  after  the  departure  of  a  ship  of  commerce  carrying 
the  flag  of  its  opponent. 

Not  to  permit  that  the  ships  of  war  of  belligerents  be  able 
to  repair  their  damages  in  the  port  or  harbor  but  in  the  strict 
measure  for  the  security  of  their  navigation,  nor  to  augment  in 
any  manner  whatsoever  their  military  force.  Inform  the  Ex- 
ecutive immediately  of  the  repairs  to  be  effected. 

Not  to  permit  that  the  ships  of  war  of  .belligerents  be  able  to 
use  the  port,  harbor,  or  territorial  waters  to  increase  or  augment 
their  military  provisions  or  munitions,  as  also  to  complete  their 
crew.  Inform  the  Executive  immediately  of  such  pretension. 

Not  to  permit  that  the  ships  of  war  of  belligerents  be  able 
to  provide  themselves  with  provisions,  but  to  complete  their  nor- 
mal provisions  as  in  time  of  peace. 

Shall  neither  permit  that  such  ships  take  coal  but  for  the  ar- 
rival to  the  nearest  port  of  a  neutral  country. 

If  the  ship  can  not  take  coal  but  24  hours  after  its  arrival  it 
shall  be  permitted  the  permanency  of  24  hours  beyond  the  legal 
duration. 


Enforcement  of  Neutrality.  121 

Not  to  permit  that  ships  of  war  of  the  belligerents  be  able 
to  renew  their  provisions  of  coal  but  after  three  months  from 
the  time  at  which  .it  took  coal  in  that  same  port  or  in  any  other 
of  the  Republic. 

Not  to  permit  that  any  spoils  be  taken  to  the  port  but  on 
account  of  innavigability,  of  the  state  of  the  sea,  of  want  of 
combustibles,  or  of  provisions.  Must  inform  the  Executive  im- 
mediately to  that  effect,  together  with  all  the  necessary  informa- 
tion. 

Advise  the  Executive  immediately  if  a  ship  of  war  of  a  bel- 
ligerent refuses  to  leave  the  port  where  it  has  no  right  to  remain. 

In  reference  to  foreign  privateers: 

The  arming,  equipping,  and  recruiting  of  crews  for  privateers 
will  not  be  permitted  in  the  ports  of  the  Republic. 

Privateers  and  vessels  of  war,  with  the  prizes  which 'they  have 
made,  will  not  be  permitted  to  enter  the  ports. 

Asylum  will  not  be  given  to  privateers,  except  when  in  case  of 
damages  or  lack  of  provisions  they  are  obliged  to  take  refuge  in 
the  ports  of  the  Republic. 

But  in  the  first  case,  sojourn  can  not  be  permitted  for  more 
than  the  time  strictly  necessary  for  the  repair  of  the  damage; 
in  the  second  case  they  should  not  remain  in  port  more  than  24 
hours,  nor  purchase  a  greater  quantity  of  provisions  than  is  neces- 
sary to  reach  the  nearest  port  of  another  neutral  country. 

In  any  case,  the  sale  or  exchange  of  the  prizes  either  in  whole 
or  in  part  will  not  be  permitted  in  the  ports  of  Venezuela  under 
any  pretext. 

If  vessels  of  war,  without  prizes,  or  privateers  in  the  circum- 
stances described,  enter  any  port  of  the  Republic,  they  can  not 
put  to  sea  until  all  other  vessels  which  have  previously  weighed 
anchor  shall  have  disappeared  from  the  horizon. 

Instructions  relating  to  neutrality  enforcement,  August  9,  1914. 

MINISTRY  OF  FINANCE, 
DIRECTOR  OF  ADMINISTRATION, 

No.  1032.  Caracas,  August  9,  1914. 

CITIZEN  MINISTER  OF  FOREIGN  RELATIONS  : 

In  reply  to  your  attentive  note  of  to-day,  No.  1475,  D.  P.  E., 
together  with  which  you  please  accompany  the  memorandum  con- 
taining the  instructions  for  the  collectors  of  customs  relating  to 
the  neutrality  of  Venezuela  in  the  present  European  war,  I  have 
Ihe  honor  to  inform  you  that  this  department  has  with  this  same 
date  addressed  said  collectors,  in  order  that,  when  the  case 
arises,  they  may  comply  with  the  referred-to  instructions. 
Dios  y  Federacion. 

ROMAN  CARDENAS. 


122        Instructions  as  to  Enlistment,  Venezuela. 

Instructions  relating   to   the  enlistment   of  individuals  and   the 
setting  on  foot  of  military  expeditions,  August  12,  19U/. 

MINISTRY  FOR  FOREIGN  RELATIONS, 
SECTION  OF  EXTERNAL  PUBLIC  LAW, 

Caracas,  August  12,  191.'i. 

No.  1512. 
CITIZEN  MINISTER  OF  THE  INTERIOR  : 

I  have  the  honor  to  address  you,  in  accordance  with  the  infor- 
mation sent  to  the  ministry  under  your  worthy  charge  with  refer- 
ence to  the  actual  European  conflict,  to  call  your  attention  as  to 
the  obligations  under  which  the  authorities  are  to  prevent  in  the 
national  territory  the  enlistment  or  uprisings  of  individuals  for 
forming  corps  to  take  part  in  favor  of  any  of  the  belligerent 
countries,  as  well  as  also  to  prevent  that  the  offers  made  by  citi- 
zens of  the  Republic  be  carried  to  effect  to  lend  services  in  the 
war  to  any  of  such  belligerents  through  their  respective  legations 
in  Venezuela. 

These  obligations  derive  from  the  principles  that  can  be  ap- 
plied to  countries  that  are  neutral  in  regard  to  the  complete  im- 
partiality in  their  relations  with  the  belligerents  and  with  the 
forbearance  of  all  acts  having  the  character  of  favor  or  succor 
to  one  with  prejudice  to  the  other. 

As  it  is  disposed  that  the  National  Government  shall  sustain 
its  neutrality  in  said  conflict,  I  pray  you  to  take  note  of  what  I 
have  stated  for  the  dispositions  you  deem  convenient  enact  ou 
the  matter. 

Dios  y  Federacion. 

MANUEL  DIAZ  RODRIGUEZ. 

Instructions  relating  to   the  enlistment   of  individuals  and   the 
setting  on  foot  of  military  expeditions,  August  19, 


MINISTRY  OF  THE  INTERIOR, 

POLITICAL  SECTION, 

No.  93.  Caracas,  August  19,  191.'f. 

CITIZEN  MINISTER  OF  FOREIGN  RELATIONS  : 

In  reply  to  the  communication  of  that  department,  dated  12th 
instant,  and  marked  with  No.  1512,  D.  P.  E.,  with  reference  to 
the  obligation  under  which  the  authorities  are  to  prevent  the 
enlistment  or  uprisings  of  individuals  in  the  national  territory 
for  the  formation  of  corps  to  take  part  in  favor  or  against  any 
of  the  belligerent  countries  on  account  of  the  actual  European 
conflict,  as  well  as  to  prevent  that  the  offers  made  by  citizens  of 
the  Republic  to  lend  services  in  the  war,  I  have  the  honor  to 
inform  you  that  this  department  has  already  addressed  the  re- 
spective authorities  to  the  ends  expressed  in  your  mentioned 
communication. 

Dios  y  Federacion. 

C.    ZUMETA. 


Instructions  to  Diplomats.  123 

Instructions  to  diplomatic  officers  relating  to  neutrality,  August 

22,  1914. 

MINISTRY  FOR  FOREIGN  RELATIONS, 

SECTION  OF  EXTERNAL  LAW, 

No.  1576.  Caracas,  August  22,  1914. 

SIR  :  It  has  been  decided  by  the  Government  of  Venezuela  that  It 
shall  sustain  the  strictest  neutrality  in  the  European  war,  so  you 
shall  please  notify  all  Venezuelan  citizens  residing  in  that  juris- 
diction, by  direct  communication  or  through  the  consuls  of  your 
dependence,  of  the  duties  they  must  observe  by  reason  of  the  neu- 
trality, cautioning  them  that,  in  the  case  of  infringing  them,  they 
shall  not  be  able  to  embrace  the  advantages  of  the  Venezuelan 
neutrality  nor  the  aid  of  our  diplomatic  and  consular  agents. 
I  am,  very  truly,  yours, 

MANUEL  DIAZ  RODRIGUEZ. 

Instructions  relating  to  radiotelegraphy,  August  24,  1914- 

MINISTRY  FOR  FOREIGN  RELATIONS, 
SECTION  OF  EXTERNAL  PUBLIC  LAW, 

No.  1585.  Caracas,  August  24,  1914. 

CITIZEN  MINISTER  OF  FINANCE  : 

The  envoy  extraordinary  and  minister  plenipotentiary  of  Great 
Britain,  in  the  name  of  his  Government,  has  called  attention  of 
this  chancery  as  to  the  possibility  that  the  use  of  wireless  teleg- 
raphy by  merchant  vessels  of  nations  in  war,  in  the  territorial 
waters  of  a  neutral  country,  may  lead  to  violation  of  the  neu- 
trality, and  has  expressed  the  desire  that  the  Government  of 
Venezuela  give  immediate  instructions  to  dismantle  all  the  wire- 
less telegraphy  apparatus  installed  on  such  ships  in  our  terri- 
torial waters.1 

This  chancery  has  replied  to  Mr.  Minister  that  the  rules  of 
conduct  which  he  alleges  in  support  of  his  petition  have  not  as  yet 
obtained  the  unanimous  consent  of  the  powers,  nor  have  they  been 
embodied  in  the  conventions  actually  in  force.  Notwithstanding 
the  reason  stated,  the  Federal  Executive,  prompted  by  the  purport 
that  the  territory  of  Venezuela  may  not  serve  as  a  base  for  com- 
munications which  favor  the  acts  of  war  of  any  belligerent,  has 
decided  to  prohibit  the  use  of  wireless  telegraphy  on  board  mer- 
chant vessels  of  the  nations  in  war  while  lying  in  the  ports  of  the 
Republic. 

And  I  have  the  honor  to  communicate  it  to  you,  so  that  you 
may  please  add  to  the  instructions  given  as  a  guide  to  the  collec- 

1  In  a  note  of  Mr.  Harford,  British  minister  to  Venezuela,  September 
18,  1914  (Rev.  Gen.,  Doc.  22:205),  it  is  stated  that  all  important  mari- 
time nations,  including  the  United  States,  Brazil,  Chile,  Peru,  Uruguay, 
Sweden  and  Norway,  have  taken  measures  to  dismantle  radio  apparatus 
in  belligerent  merchant  vessels  in  port.  After  some  correspondence,  Vene- 
zuela followed  this  practice,  as  the  instructions  show. 


1 24  Radio  Instructions,  Venezuela. 

tors  of  customs,  contained  in  note  No.  1475,  D.  P.  E.,  of  this 
ministry,  that  of  exercising,  by  means  of  the  respective  employees, 
the  greatest  vigilance  in  order  that  the  referred-to  regulation  be 
not  infringed. 
Dios  y  Federacion. 

MANUEL  DIAZ  RODRIGUEZ. 

Instructions  relating  to  radiotelegraphy,  August  24,  1914- 

MlNISTET  FOE  FOREIGN  RELATIONS, 

SECTION  OF  EXTERNAL  PUBLIC  LAW, 

No.  1586.  Caracas,  August  24,  1914. 

CITIZEN  MINISTER  OF  WAR  AND  MARINE  : 

In  addition  to  the  previous  notes  of  this  department  relating 
to  the  neutrality  of  the  Republic  in  the  present  European  con- 
flict I  have  the  honor  to  remit  to  you  a  copy  of  the  note  which, 
on  this  same  date,  I  have  addressed  to  the  citizen  minister  of 
finance  as  to  the  prohibition  of  using  wireless  telegraphy  appa- 
ratus on  board  merchant  vessels  of  the  nations  in  war  while  lying 
in  Venezuelan  ports. 
Dlos  y  Federacion. 

MANUEL  DIAZ  RODRIGUEZ. 

Instructions  relating  to  radiotelegraphy,  August  26,  1914. 

MINISTRY  OF  WAR  AND  MARINE, 

DIRECTION  OF  MARINE, 

No.  462.  Caracas,  August  26,  191.4. 

CITIZEN  MINISTER  OF  FOREIGN  RELATIONS  : 

I  have  the  honor  to  advise  the  receipt  of  your  note,  dated  24th 
instant,  No.  1586,  inclosing  copy  of  note  which  on  that  same  date 
you  addressed  to  the  citizen  minister  of  finance,  relating  to  the 
neutrality  of  the  Republic  in  the  present  European  conflict,  as  to 
the  prohibition  of  the  use  of  wireless  telegraphy  apparatus  on 
board  merchant  vessels  of  the  nations  in  war,  while  lying  in 
Venezuelan  ports,  of  which  this  department  has  taken  due  note 
for  the  effects  thereof. 
Dios  y  Federacion. 

M.  V.  CASTRO  ZAVALA. 

Instructions  relating  to  radiotelegraphy,  August  26,  1914. 

MINISTRY  OF  THE  INTERIOR, 

POLITICAL  DIRECTION, 

No.  104.  Caracas,  August  26,  1914. 

CITIZEN  MINISTER  OF  FOREIGN  RELATIONS  : 

I  have  the  honor  to  advise  the  receipt  of  your  official  communi- 
cation of  4th  instant  marked  with  No.  1586,  inclosed  with  which 
you  remit  copy  of  the  note  which  on  that  same  date  the  depart- 
ment under  your  worthy  charge  has  addressed  to  the  minister  of 


Rights  of  Neutral  Countries,  Venezuela.        125 

finance,  as  to  the  prohibition  of  using  wireless  telegraphy  appa- 
ratus on  board  merchant  vessels  of  the  nations  in  war  while  lying 
in  Venezuelan  ports. 
Dios  y  Federacion. 

C.  ZUMETA. 

Instructions  relating  to  radiotelegraph]/,  August  26,  1914. 

MINISTRY  OF  FINANCE, 
GENERAL  DIRECTION  OF  ADMINISTRATION, 

No.  1084.  Caracas,  August  26,  1914. 

CITIZEN  MINISTER  OF  FOREIGN  RELATIONS  : 

I  have  the  honor  to  refer  to  your  attentive  note  No.  1585, 
D.  P.  E.,  dated  24th  instant,  relating  to  the  instructions  which 
this  department  is  to  communicate  to  the  collectors  of  customs 
with  the  object  that  the  latter  may  make  observed  the  neutrality 
of  Venezuela  in  the  actual  European  conflict,  by  not  permitting 
the  use  of  wireless  telegraphy  on  board  merchant  vessels  of  the 
nations  in  war,  while  lying  in  the  ports  of  the  Republic,  and  it 
pleases  me  to  inform  you  that  the  above-mentioned  instructions 
have  already  been  transmitted  to  the  collectors  of  customs  for 
the  effects  of  their  strict  observance. 

Dios  y  Federacion. 

ROMAN  CARDENAS. 

Memorandum  of  the  Minister  of  Foreign  Affairs  of  the  United 
States  of  Venezuela  on  the  rights  of  neutral  countries.  Octo- 
ber, 1914. 

[El    Libro  Amarillo   de   los   Estados    TJnidos   de   Venezuela,    Ministro    de 
Relaclones  Exteriores,  1915,  vol.  2,  p.  45.] 

In  time  of  war  the  duties  of  neutrality  must  be  constantly  in- 
voked. Neutral  countries  themselves,  in  order  to  justify  any 
measure  protested  against  or  objected  to  by  one  of  the  belligerents, 
rely  upon  the  duties  which  their  status  of  neutral  countries  im- 
poses upon  them.  But  at  basis  there  are  not  only  duties  to  ful- 
fill; there  are  also  rights  which  they  can  demand.  As  with  all 
juridical  situations,  neutrality  gives  rise  to  correlative  rights  and 
duties.  The  modern  international  publicists,  among  them  notably 
Richard  Kleen,  have  expounded  the  doctrine  on  this  point  with  a 
clarity  which  permits  of  foreseeing  and  defining  the  most  distant 
consequences.  In  the  light  of  pure  theory  it  seems,  then,  that 
the  rights  of  neutral  countries,  being  as  sacred  as  those  of  bellig- 
erents, ought  to  be  preserved  in  all  their  integrity.  It  is  cus- 
tomarily admitted  that  neutral  countries,  although  obliged  by  the 
fact  of  the  international  community  not  to  restrain  the  liberty  of 
the  belligerent  nations  in  their  military  operations,  ought  to  suffer 
no  diminution  of  their  rights,  only  certain  temporary  modifications 
in  the  exercise  of  their  rights.  This  concept,  by  its  elasticity,  does 


126    Belligerent  Versus  Neutral  Rights,  Venezuela. 

not  seem  adapted  to  a  criterion  of  strict  justice.  No  more  does  it 
seem  applicable  to  numerous  cases  in  which  neutral  countries 
suffer  not  only  a  temporary  modification  in  the  exercise  of  their 
rights  but,  indeed,  an  evident  violation,  more  or  less  grave,  of  the 
rights  themselves.  Consequently,  two  tendencies  before  the  war 
struggled  for  preponderance  in  the  practice  of  nations ;  on  the 
one  hand,  the  contention  that  the  rights  of  war  should  be  favored, 
that  the  interest  of  "the  belligerent  has  the  advantage;  on  the 
other,  the  hope  to  ameliorate  and  to  extend  the  rights  of  neutral 
countries  without  neglecting  the  legitimate  rights  of  war,  a  hope 
which  has  been  strengthened  as  international  law  has  progressed 
and  the  aim  of  which  is  to  arrive  at  a  reasonable  equilibrium  of 
interests  rather  more  in  accord  with  justice.  The  reality  of  these 
two  tendencies,  as  the  justice  of  the  balance  requires,  is  proved 
by  the  history  of  any  one  of  the  great  nations,  which  have  repre- 
sented alternately  the  two  aspirations,  according  to  the  interest 
of  the  moment,  that  is  to  say,  whether  they  were  belligerent  or 
neutral. 

An  impartial  examination  of  the  question  in  time  of  peace, 
when  no  circumstantial  interest  troubles  the  serenity  of  judgment, 
leads  us  to  this  conclusion,  that  in  the  conflict  of  the  rights  of 
the  belligerent  nations  and  of  those  of  the  neutral  country,  al- 
though both  are  equally  worthy  of  respect,  nevertheless,  those  of 
the  second  have  in  their  favor,  as  a  claim  to  preference,  some 
reasons  which  surpass  those  of  the  belligerent  nation.  By  unani- 
mous conviction  peace  is  the  regular  and  logical  state  of  the  inter- 
national society.  War  is  a  disturbance  often  necessary,  some- 
times inevitable,  but  always  a  scourge,  which  the  belligerent 
nations  are  the  first  to  suffer  and  to  deplore,  and  for  which  they 
attempt  to  disclaim  responsibility.  When  the  state  of  war  arises 
the  belligerent  nations,  although  they  may  be  influenced  by  neces- 
sities and  circumstances  for  which  they  can  not  be  responsible, 
present  and  maintain,  nevertheless,  an  alteration  in  the  normal 
state  of  international  affairs.  The  neutral  countries,  on  the  con- 
trary, continue  the  regular  and  harmonious  life  of  peace,  and  this 
circumstance  ought  not  rashly  to  diminish  their  rights  nor  render 
them  inferior  or  of  less  consideration.  Against  a  reason  so  clear 
the  belligerent  nation  can  argue  that  it  is  defending  the  most 
sacred  right,  that  of  its  own  existence  and  liberty.  However 
high  it  is,  and  it  is  a  fundamental  right,  it  is  nevertheless  certain 
that  it  is  limited  by  the  doctrine  and  the  practice  of  nations.  The 
prohibition  against  using  certain  cruel  and  excessive  means  of 
hostility  against  the  enemy  is  a  manifest  restriction  of  this  right 
of  self-preservaton.  It  therefore  follows  that  theory  and  prac- 
tice will  not  look  unfavorably  upon  new  limitations  of  the  right 
of  belligerents  in  order  to  guarantee  the  right  of  neutral  coun- 
tries. The  circumstances  in  which  modern  war  manifests  itself 
do  not  cease  to  demand,  in  a  more  and  more  urgent  manner,  such 
limitations.  Without  doubt,  one  can  speak  of  temporary  modifica- 
tions in  the  exercise  of  the  rights  of  neutral  countries,  as  during 


Review  of  Conditions.  127 

the  wars  of  antiquity,  when  international  life  was  scarcely  ush- 
ered in  and  was  of  very  little  strength,  and  this  case  may  well  be 
that  of  neutral  countries  to-day,  when  war  is  localized  in  a  well- 
defined  region  or  is  limited  and  circumscribed  in  a  precise  man- 
ner to  two  nations  only,  excepting  the  cases,  I  may  say,  where 
these  by  their  position  or  by  their  importance  would  be  comprised 
among  those  who  are  inevitably  involved  in  the  universal  activity. 
But  this  expression  ought  under  no  circumstances  to  be  accepted 
when  it  is  a  question  of  conflicts  such  as  that  which  fills  our  days 
and  holds  the  entire  world  in  suspense,  and  in  which  several  na- 
tions, among  the  richest  and  most  civilized,  are  engaged,  and 
that  in  an  era  of  close  international  life,  in  which  internationali- 
zation of  all  interests  becomes  each  day  more  intimate,  more  com- 
plex, more  inextricable,  to  such  a  point  that  the  losses  inflicted 
on  a  single  nation  react  to  a  sensible  extent  immediately  and 
surely  even  upon  the  most  distant  countries. 

No  proof  can  be  more  evident  than  that  of  the  general  lack  of 
balance  which  at  the  very  beginning  of  the  present  conflict  sur- 
prised and  disturbed  the  very  bases  of  internationalism,  which 
are  par  excellence  commercial  relations,  economic  activity,  credit 
operations,  the  circulation  of  gold  and  everything  which  involves 
world  wealth.  The  simple  fact  of  the  declaration  of  war,  pro- 
duced, not  only  an  inevitable  economic  disadvantage  for  the 
belligerent  nations  and  their  subjects,  but  a  similar  disadvantage 
for  neutral  nations  and  their  inhabitants,  and  not  alone  from  the 
point  of  view  of  their  interests,  connected  with  the  territory  and 
population  of  belligerent  nations,  but  also  in  reference  to  their 
most  vital  interest  arid  in  their  own  territory. 

For  this  reason,  the  action  of  the  belligerent,  whether  it  de- 
clares or  accepts  war,  is  felt  directly  on  the  territory  of  neutral 
countries  as  well  as  on  its  own. 

At  the  same  time,  it  is  true  that  care  has  been  taken  in  time  of 
peace  to  modify  the  law  of  war,  with  a  view  to  the  interests  which 
may  be  injured.  But  the  very  fact  of  military  methods  evolved 
with  such  rapidity,  that  the  development  of  the  law  which  re- 
lates to  them  follows  very  slowly,  and  with  an  inevitable  delay, 
makes  these  the  more  audacious  attempts.  The  theory  of  neutral 
commerce  in  time  of  war  offers  a  striking  example  of  this  and 
one  of  the  highest  importance.  Theory  approves,  as  being  legal, 
the  right  of  neutral  countries  to  carry  on  commerce  with  the 
belligerent  nations  with  one  exception  at  first  view  just  and 
necessary — contraband  of  war.  Such  is  the  law.  The  actual  fact 
is  otherwise  and  tends  to  invalidate  the  right.  The  means  of 
making  war  are  multiplied  to  such  a  point  that  military  art 
levies  contributions  from  the  most  diverse  industries.  At  the 
hour  of  conflict, -the  entire  industrial  organism  of  a  state  may 
cooperate  to  the  single  end  of  the  common  defense.  War  utilizes 
the  most  varied  products,  the  most  unlike  raw  materials.  This 
is  why,  by  the  simple  fact  of  the  development  of  the  mechanism 
of  war,  the  list  of  articles  which  are  or  can  be  considered  contra- 


128    Belligerent  Versus  Neutral  Rights,  Venezuela. 

band  of  war,  tends  to  increase  and  to  undergo  an  unlimited  ex- 
tension. The  times  are  already  far  distant  when  common  powder 
and  the  materials  of  which  it  is  composed,  lead  and  some  other 
metals  were  the  only  materials  which  were  regarded  as  suspicious. 
To-day  one  is  astonished  at  the  number  of  articles  which  in 
earlier  wars  it  was  never  suspected  could  ultimately  be  included 
in  contraband  of  war.  Unfortunately,  in  proportion  as  the  list 
increased,  the  number  of  materials  of  very  wide  applicability  also 
increased.  This  explains  why  the  prohibition  .affects,  not  only  the 
war  industries,  but  also,  and  very  gravely,  pacific  industries.  The 
right  of  neutral  countries  freely  to  carry  on  commerce  with  the 
belligerent  nations  is  in  danger  of  complete  destruction.  Such 
facts,  the  result  of  the  more  and  more  intimate  internationaliza- 
tion of  interests,  which  has  gradually  given  rise  to  concepts  as 
rigid  as  that  of  sovereignty,  lead  to  the  belief  that,  although 
sovereignty  and  integrity  of  neutral  countries  continues  in  a  per- 
fect state  in  reference  to  persons,  yet  this  can  not  be  said  for  that 
which  concerns  their  interests,  even  the  most  vital  and  the  most 
profound. 

It  follows  that  although  neutrality  has  never  signified  an  atti- 
lude  of  indifference,  to-day  less  than  ever,  can  it  have  this  signifi- 
cation. The  universal  economic  losses,  probably  resulting  from 
the  actual  war  of  Europe,  if  the  duration  is  to  be,  as  there  is  rea- 
son to  fear,  indefinite,  can  not  be  a  matter  of  indifference  to  neu- 
tral nations.  The  losses  will  be  the  same  for  all,  although  it  may 
seem  for  the  moment  that  some  countries  can  separate  themselves 
from  the  war. 

At  the  same  time,  as  the  war  at  present  assumes  immense  pro- 
portions and  affects  several  of  the  greatest  civilized  nations  of  the 
world,  as  well  as  the  most  considerable  economic  interests,  the 
precious  fruits  of  civilization,  which  are  not  the  exclusive  patri- 
mony of  such  and  such  a  people  but  the  common  wealth  of  all,  are 
endangered.  The  conclusion  is  then  inevitable,  that  over  against 
the  right  exercised  by  belligerents,  there  is  the  right  of  neutral 
countries  to  cooperate  and  to  organize,  by  substituting  for  their 
former  passivity  and  in  virtue  of  the  new  solidarity  with  which 
their  violated  interests  temporarily  unite  them,  action  for  their 
security,  effective,  and  beneficient. 

The  application  of  this  right  does  not  lack  precedents.  His- 
tory records  several  cases  of  leagues  of  neutral  countries  for  the 
defense  of  the  freedom  of  commerce  and  navigation  as,  for 
example,  that  of  Sweden  and  Denmark  in  1693  and  that  even 
more  important,  which  owed  its  origin  to  the  manifesto  of  Cathe- 
rine of  Russia  in  1780.  Though  the  principle  in  the  first  place, 
should  appear  not  debatable,  its  bearing  and  its  method  of  opera- 
tion involve  a  very  long  discussion.  The  project  would  require 
a  congress  of  neutral  countries  which  would  revise,  as  the  pres- 
ent situation  necessitates,  the  rights  and  duties  of  neutrality,  in 
order  to  make  clear  the  innovations  introduced  by  modern  war. 
The  fact  that  the  right  of  the  belligerent  is  above  that  of  the 


Proposed  Congress  of  Neutral  Nations.         129 

neutral  country,  being  already  regarded  as  inacceptable  because 
contrary  to  equity  and  justice,  the  congress  could  present  a  new 
duty,  that  of  the  union  of  all  neutral  countries  in  face  of  con- 
flicts of  the  magnitude  of  the  present  from  which  injuries  so 
direct  and  so  grave  are  suffered,  in  order  to  organize  for  the 
protection  of  their  own  interests,  a  duty  of  which  the  logical 
consequence  would  be  a  new  law,  that  of  mediation,  which  would 
then  be  exercised  with  all  the  restrictions  and  limitations  of  cir- 
cumstance and  time  which  would  make  it  compatible  with  the 
respect  due  to  the  rights  of  belligerents.  Mediation,  thus 
strengthened,  would  have  effects  considerably  more  effective  than 
the  mediation  usually  tried  in  international  practice.  Although 
the  latter  has  a  certain  character  of  officiousness  and  can  not 
make  way  without  the  consent  of  one  of  the  belligerents,  media- 
tion by  a  league  of  neutral  countries,  without  losing  that  char- 
acter, offers  something  of  more  weight  by  representing,  along 
with  the  good  offices  of  impartial  states,  the  voice  of  those  who  on 
their  part  labor  for  the  safeguarding  and  defense  of  their  injured 
interests. 

The  conclusions  that  the  congress  would  dictate  would  next 
be  submitted  to  an  assembly  of  all  nations  and  unanimously 
recognized,  as  they  can  not  fail  to  be,  because  of  their  justice  and 
convenience.  Since  the  belligerent  nation  to-day  will  be  the  neu- 
tral country  to-morrow,  they  will  be  incorporated  into  interna- 
tional law  as  an  effective  victory  of  civilization  and  pledge  of 
future  peace.  One  step  further  in  this  direction  and  one  will 
arrive  at  the  creation  of  a  permanent  entity  which  would  repre- 
sent upon  the  first  rumors  of  a  conflict,  the  league  of  neutral 
countries,  and  by  making  itself  heard  according  to  its  right,  it 
would  be  able  in  the  majority  of  cases,  to  prevent  the  rupture  or 
at  least  to  limit  the  extension,  the  duration,  and  the  range  of 
hostilities. 

In  the  presence  of  the  existing  conflict,  which  embraces  the 
people  of  Europe  and  Asia,  the  initiation  of  a  congress  of  neutral 
countries  belongs  to  the  nations  of  America.  In  the  possession  of 
a  neutrality  absolute  and  above  suspicion,  by  their  geograpnlc 
position,  by  the  ample  bonds  which  unite  them  to  all  the  belliger- 
ent nations,  by  their  character  of  peaceful  powers,  by  their  tra- 
dational  efforts  for  the  success  of  international  arbitration,  and 
by  the  grave  injuries  being  suffered  because  of  this  very  war, 
both  in  their  present  situation  and  in  their  future  progress,  the 
American  nations  are  called  to  the  signal  duty  of  mediation. 

CARACAS,  October,  1914.   . 

79596—17 9 


INDEX. 


Accepting  commissions.     (See  Territory.) 

Act  of  war.     (See  Hostile  act,  Territory.) 

Aerial  domain,  neutral :  Paere. 

passage  of,  by  belligerent  aircraft  forbidden 77,99 

passage  of,  without  license,  forbidden 73 

Switzerland,  notification  relating  to 77 

(See  also  Aircraft.) 

Aerial  territory.     (See  Aerial  domain.) 

Aeroplanes.     (See  Aircraft.) 

Aggression,  merchant  vessels  armed  for.     (See  Armed  mer- 
chant vessels.) 

Aircraft  : 

forbidden  in  Panama  Canal  Zone 99 

passage  over  neutral  territory  forbidden 77 

use  of,  without  license,  forbidden 73 

violating  neutral  territory,  treatment  of 74 

Aliens  in  neutral  territory : 

Switzerland,  circular  relating  to 78 

ordinance  relating  to 80 

(See  also  Persons.) 

Allegiance,  renunciation  of  (see  also  Persons) 89 

Allied  jurisdiction,  reconversion  of  auxiliary  vessels  may 

take  place  in 28 

American  international  Ifew 28 

American  seas,  belligerent  operations  in,  deplored 22 

American  States : 

attitude  of,  on  arbitration 129 

attitude  of,  on  peace 129 

embargo  on  arms  shipped  to 96 

geographic  position  of 129 

neutrality  regulations  of,  cited  as  precedents 115, 118 

special  duties  of,  as  neutrals 129 

Antwerp,  Belgium,  navigation  to 61 

Appeal  to  the  people: 

Switzerland,  proclamations ^ 74,  79 

United  States,  proclamation 89 

Arbitration,  attitude  of  American  countries  on 129 

Argentine  Republic : 

armed  merchant  vessels  admitted  to  ports  of 30 

neutrality  declaration  of 9 

territory  on  Straits  of  Magellan 21 

Armed  fleet  (see  also  Vessels) 29 

Armed  forces : 

acting  as  legation  guards  in  Peking  to  observe  treaty 33 

forbidden  to  cross  neutral  territory 32,  61,  72 

forbidden  to  embark  on  vessels  in  Panama  Canal  Zone_  98 

internment  of 32,  33,  34,  61,  73 

recruiting  of,  in  neutral  territory  forbidden 10 

33,  47,  59,  63,  68,  73,  84, 108, 122 

use  of,  to  prevent  violations  of  neutrality 12,  75 

131 


132  Index. 

Armed  merchant  vessels,  belligerent :  Page. 

acting  offensively,  treated  as  pirates 31, 105 

Chile,  note  relating  to 30 

Cuba,  decree  relating  to 49 

evidence  that  vessel  is  armed  for  aggression 102 

evidence  that  vessel  is  armed  for  protection 31, 93, 102,  111 

neutral  to  be  notified  of  purpose  of  armament 31,  111 

permitted  in  neutral  ports 30, 31, 94,  111 

relation  to  belligerent  warship 102 

relation  to  neutral  government 102 

status  of,  on  high  seas 101 

status  of,  in  neutral  ports 49,  93, 101, 105,  111 

United  States,  memoranda  relating  to 93, 101 

Uruguay,  decree  relating  to 111 

Armed  neutrality: 

Russia,  1780 128 

Sweden  and  Denmark,  1693 128 

Venezuela,  memorandum  proposing 125 

Arming  vessels  in  neutral  territory.     (See  Base  of  opera- 
tions. ) 
Arms  and  munitions: 

convoys  of,  not  to  cross  neutral  territory 62,72 

embarkation  of,  in  Panama  Canal  Zone  forbidden 98 

embarkation  of,  evidence  of  conversion  of  vessel 16 

exportation  of,  forbidden 10 

neutral  officials  not  to  supply  belligerent  with 65 

trade  in,  between  neutral  ports  permitted 92 

(See  also  Contraband;  Embargo.) 
Asylum  in  neutral  territory: 
land   warfare—- 
combatants in  civilian  clothes 78 

disabled   combatants 72,  77 

escaped  prisoners  of  war 73 

isolated  combatants 73 

noncombatants . 78 

maritime  warfare — 

to  belligerent  war  vessels — 

duration  at  discretion  of  neutral  government-        11 

"lack  of  fuel  or  provisions" 13,17,32,62,85,121 

"  necessary    repairs  " 10, 11, 17, 

32,  48,  51,  62,  85,  99, 120, 121 

"  pursuit  by  enemy  war  vessels  " 11 

"  stress  of  weather  " 11, 13. 16, 

32,  48,  50,  62,  85, 107, 120 

"  unseaworthiness  " 13,  48 

to  privateers 11,  85, 121 

to    prizes 13,  33,  48,  52,  63, 121 

(See  also  Base  of  operations;  Prizes;  Sojourn.) 
Austria-Hungary : 

belligerent  in  war  of  1914.     (See  Neutrality  proclama- 
tions.) 

characterized 42 

Auxiliary  vessels.     (See  Base  of  operations;  Vessels.) 
Aviation.     (See  Aerial  territory;  Aircraft.) 

Aviation  station 73 

Balloons.     (See  Aircraft.) 

Baltic  Sea,  entrance  to,  considered  territorial  waters 50 

Base  of  operations : 

arming   belligerent   vessels   in   neutral    territory    for- 
bidden  10, 11, 

12,  33,  35,  48,  51,  52,  55,  59, 
62,  63,  84,  96,  111,  120, 121 


Index.  133 

Base  of  opera  tious — Continued.  Page, 

augmenting  crew  of  belligerent  war  vessel  in  neutral 

territory  forbidden 12,  48,  51,  63,  84, 108, 120, 121 

Brazil,  decree  relating  to : 14 

Chile,  circular  relating  to 20 

definition  of 91,  92, 116 

Ecuador,  decree  relating  to 56 

merchant  vessels  regarded  as  suspicious 27,  64 

repair   of  belligerent   war   vessels   forbidden   without 

authorization 63 

repeated  use  of  territory  essential 92, 116 

responsibility  for  use  of  neutral  territory  as 92, 117 

suspected  vessels  required  to  depart 11,  25,  57, 100, 116 

United  States,  memorandum  relating  to 91 

joint  resolution  relating  to 100 

Uruguay,  decree  relating  to 115 

use  of  neutral  territory  as  forbidden___  32,  52,  61,  92, 100, 115 
(See  also  Armed  merchant  vessels;  Asylum;  Coaling; 
Prizes;     Provisioning;     Radiotelegraphy ;     Sojourn; 
Territory  ;  Transmission  of  intelligence ;  Vessels. ) 

Battleship  (see  also  Armed  fleet;  Vessels,  war) 107 

Bays: 

definition  of  territorial 63,107 

prescriptive 107 

ten-mile   opening 107 

(See  also  Territorial  waters.) 
Belgium : 

belligerent  in  war  of  1914.     (See  Neutrality  proclama- 
tions.) 

characterized 42 

Belligerent  nationality,  persons  of.     (See  Aliens  in  neutral 
territory  ;  Persons  ;  Internment ;  Armed  forces. ) 

"Belligerent  state,  to  make  reparation  for  illegal  acts 34 

Belligerent  territory,  reconversion  of  auxiliary  cruiser  to 

take  place  on 28 

Belligerent  vessels  in  neutral  ports  and  waters.     (See  Asy- 
lum;   Base    of   operations;    Coaling;    Provisioning;    So- 
journ ;  Territorial  waters. ) 
Bolligerem  warship.     (See  Vessels,  war.) 
Belligerents,  rights  of  (see  also  Blockade;  Capture;  Con- 
traband; Unneutral  service;  Visit  and  search) 126 

Bentley's  Complete  Phrase  Code,  telegraphic  cipher,   rec- 
ognized          27 

Berlin,   radio  convention   of 110 

Bill  of  lading,  ship's  paper 53 

Blockade : 

definition   of 53 

liabilities  of  neutrals  in  respect  to 64,  87, 103 

neutral  vessels  forbidden  to  break 34,  53 

of  neutral  ports  forbidden 33 

Bluefields,  Nicaragua,  telegraph  station  at 64 

Bolivia,  war  with  Chile,  1879.     (See  Chile,  War  with  Peru 
and  Bolivia.) 

Boundary  waters,  limits  of 107 

Brazil : 

armed  merchant  vessels  admitted  to  ports  of- 30 

base  of  operations 14 

dismantling  of  radio  apparatus  on  vessels  in  port  re- 
quired        123 

nationality  of  corporations 14 

neutrality   regulations 10 


134  Index. 

Broome   Halle,    imperial   combination   cipher   code,   recog-    Page. 

nized f 29 

Bryan,  William  J.,   Secretary  of  State,   circular,  military 

service 88 

Bulgaria,  belligerent,  War  of  1914.     (See  Neutrality  procla- 
mations.) 
Bunkers,  coal.      (See  Coaling.) 

Buoys,  channel,  alteration  of  by  neutral 61 

Cables,  transmission  of  intelligence  by  means  of 24,  64 

Canal.     (See  Panama  Canal  Zone.) 
Capture : 

belligerent  right  of 104 

indemnification  for  illegal 34 

limitations  upon  right  of 104 

(See  also  Prizes  ;  Territorial  waters  ;  Visit  and  search.) 
Carrier-pigeon      stations,      transmitting      intelligence      by 

means  of 73 

Catherine  of  Russia,  armed  neutrality  of,  1780 128 

Cartagena,  Colombia,  radio  station  at 38,39,43,45,46 

Censorship.     (See  Editors;  Press;  Radiotelegraphy. ) 

Channel  buoys,  alteration  of  by  neutral 61 

Channel  line,  limit  of  boundary  waters 107 

Children  (see  also  Noncombatants ;  Persons) 73 

Chile : 

application  of  international  law 15 

application  of  Hague  conventions 15 

armed  merchant  vessels 30 

base  of  operations 20 

civil  code  of,  on  territorial  waters 19 

coaling  merchant  vessels 22,  27,  30 

coaling  war  vessels 17, 19,  22,  24,  25,  26 

conversion  of  war  vessels 28 

dismantling  of  radio  apparatus  on  vessels  in-  port  re- 
quired  , .123 

neutrality  regulations 15 

radiotelegraph 18,  24,  29 

regulations  for  coaling  vessels  cited  as  a  precedent 118 

relations  with  foreign  governments : 29 

revolution  in,  1891,  Colombian  neutrality  during,  cited 

as  a  precedent 35 

telegraphic  communication 20,  24,  26 

territorial  waters  of 19,  21 

violations  of  neutrality 21,  25 

war  with  Peru  and  Bolivia,  1879,  Colombian  neutrality 

during,  cited  as  a  precedent 35 

China,  neutrality  regulations 31 

Cipher,  use  of.     (See  Transmission  of  intelligence.) 
Citizens.     (See  Persons.) 
Civilization : 

effect  of  war  on 128 

relation  of  nationality  to 80 

Clearance  of  vessels.     (See  Base  of  operations ;  Vessels.) 

Clearance  papers,  ship's  papers 53 

Coal,  abnormal  quantities  of,  in  vessel,  evidence  of  con- 
version          16 

Coaling  vessels  in  neutral  port: 

Chile,    instructions 17, 19,  24,  25,  26,  27 

decrees 22,  30 

Colombia,  resolution 35 


Index.  135 

Coaling  vessels  in  neutral  port — Continued.  Page. 

Merchant  vessels: 

guaranty  required  that  coal  will  not  be  used  for 

belligerent  war  vessels 20,27,30 

"  port  of  destination  " 19 

record  to  be  made  of  delivery  of  coal 24 

Merchant  vessels  of  belligerent  nationality: 

"  full   bunkers  " 23,  27 

"  nearest  foreign  port  " 19 

"  nearest  home  port  " 16, 17, 22 

"  port  of  destination  " 27 

Uruguay,    decree 118 

War  vessels  of  belligerent  nationality: 

forbidden   without  authorization 34,63 

"  full  bunkers  " 12,  51 

in  Panama  Canal  Zone 97 

"  nearest  accessible  port " 98 

"nearest   foreign   port" 23,36,118.121 

"nearest  home  port" 12,23,33,48.62,86 

supplies  from  merchant  vessels  forbidden 13,91,116 

three  months'  rule_  12,22,26,48,51,62,86,91,95,103,121 

"usual   supply  " 107 

(See  also  Base  of  operations;  Provisioning.) 
Coaling  stations  in  neutral  territory  or  waters  forbidden 

(see  also  Base  of  operations) 52 

Code,  A.  Z.,  cipher,  recognized 30 

Colombia : 

neutrality  of  the  press 39 

radiotelegraphy 36,  37,  38,  42,  44-46 

supplying  war  and  merchant  vessels 35 

Colon,  Panama,  use  of  radiotelegraphy  in  waters  of 99 

Colonies : 

of  belligerent,  not  included  in  "  nearest  home  port " 

rule 17 

of  neutral,  hostilities  in  forbidden 61 

(See  also  Territory.) 
Colors.     (See  Flag.) 

Combatants.     (See  Armed  forces;  Internment;  Persons.) 
Commander    of   belligerent    warship,    obligations    of    (see 
also  Asylum;   Capture;   Coaling;   Prizes;   Provisioning; 

Sojourn;  Vessels;  Visit  and  search) 12,13,26 

Commerce.      (See  Neutral  commerce.) 

Commercial  associations,  nationality  of 14 

Communication,   means  of.      (See  Radiotelegraphy;   Rail- 
roads ;  Transmission  of  intelligence ;  Vessels. ) 
Condemnation  of  neutral  vessels,   when  permissible    (see 

also  Prize  court) '. 103 

Confiscation  of  neutral  property,  not  permissible  (see  also 

Capture) 103 

Congress  of  neutral  nations : 

duty  of  inaugurating  belongs  to  America 129 

proposed  by  Venezuela 128 

Consuls,  foreign : 

permitted  to  send  telegrams  from  neutral  states 21 

permitted  to  use  cipher 26 

relation  with  foreign  states 29 

to  declare  character  of  foreign  vessel  in  neutral  port 16 

to  declare  destination  of  merchant  vessel  leaving  neu- 
tral   port 14,  57, 117 

to  furnish  guaranty  before  clearance  of  vessel 20 


136  Index. 

Consuls,  neutral :  Page, 

duties  of 53, 123 

to  attest  change  in  crew  of  neutral  vessel 53 

to  he  notified  of  capture  of  neutral  vessel 55 

Contamination  of  neutral  property  by  belligerent  associa- 
tion   104 

Continuous  voyage : 

applicable  to  absolute  contraband 54 

not  applicable  to  contraband 35 

Contraband : 
absolute — 

list 54 

neutral  trade  in.  by  individuals  not  prohibited 95 

supply  of  to  belligerent  warships  forbidden 92 

artnli'-fifion  of  continuous  voyage  to 35 

capable  of  use  in  conversion,  not  to  be  carried  by  mer- 

ch""t  vessel 108 

conditional — 

definition  of 36 

lists 54, 114 

neutral  trade  in,  is  not  prohibited 95, 114 

definition  of 36 

free  list ^_  114 

liabilities  of  neutrals  trading  in 64,87,95,103 

lists 54, 108, 114 

extension  of,  in  modern  practice 128 

nature  of '. 127 

neutral  vessels  not  to  carry 34 

noncontraband,  list 114 

not  to  be  shipped  from  neutral  territory 36 

obligations  of  neutral  state  in  reference  to 87 

occasional , 36 

trade  in,  not  illegal 87,95,114 

United  States,  circular  relating  to 95 

Uruguay,  decree  relating  to '  114 

(See  also  Arms;  Embargo.) 
Conventions.     (See  Declaration  of  London;  Declaration  of 

Paris;  Hague  Conventions;  Treaties.) 
Convpntionni  l^nmaee,  use  of  forbidden.     (See  Transmis- 
sion  of  intelligence.) 
Conversion  of  merchant  vessels : 

articles  for  use  in,  not  to  be  embarked  'from  neutral 

territory 108 

Chile,  circular  relating  to 28 

evidence  of : 16,  94 

not  permitted  in  neutral  port 37 

reconverted  auxiliary  naval  vessels  not  to  be  again  con- 
verted   29 

(See  also  Reconversion;   Vessels.) 
Convoys  of  arms   and   munitions,   passage   across   neutral 

territory  forbidden  (see  also  Territory) 61,72 

Cooperation,  neutral  right  of 128 

Copenhagen,  Denmark,  belligerent  war  vessels  not  to  enter 

port : 50 

Corporations,  nationality  of 14 

Crew  of  vessels.    (See  Base  of  operations;  Internment; 
Prizes.) 

Crew  list,  ship's  papers 53 

Cruisers,  war  vessels 107 


Index.  137 

Cuba :  Page- 
armed  merchant  vessels 49 

neutrality  proclamation 46 

neutrality  regulations 47 

radiotelegraphy 49 

Customs  regulations,  observation  of  local 51,  74, 108 

Damages  for  violation  of  international  law.     (See  Repara- 
tion.) 

Damages  to  vessels.     (See  Asylum.) 

Declaration  of  London,  1909: 

declaratory  of  international  law 15,  67 

not  exhaustive  of  maritime  international  law 28 

provisions  of — 

contraband 104, 108, 114, 115 

transfer  of  flag 109 

Declaration  of  Paris,  1856,  on  privateering 28 

Declaration  of  war : 

Hague  convention  relating  to 67 

neutral  states  to  be  notified  of 67 

receipt  of  notifications  of.     (See  Neutrality  proclama- 
tions. ) 

Defense,  merchant  vessels  armed  for.     (See  Armed  mer- 
chant vessels.) 

Denmark : 

armed  neutrality  of,  1693 128 

neutrality  regulations 49,  52 

Department  of  State,  United  States: 

circular,  contraband  trade 95 

circular,  military  service 88 

memoranda,  armed  merchant  vessels 93, 101 

memorandum,  base  of  operations 91 

Deserters.     (See  Persons;  Internment.) 
Destination : 
port  of.     (See  Coaling.) 
of  contraband. (See  Contraband.) 
of  vessels.     (See  Vessels;  Consuls.) 

Destroyers,  flotilla  vessels 107 

Destruction : 

of  enemy  merchant  vessels  permissible 105 

of  neutral  merchant  vessels,  doubtful 105 

of  ship's  papers  forbidden 53 

safety  of  personnel  in  case  of 105 

Detention  of  officers  and  crew  of  vessels.     (See  Intern- 
ment. ) 

Diplomatic  officers: 

conduct  of  legation  guard  in  Peking •.        33 

duties  of  neutral 123 

may  declare  status  of  armed  merchant  vessels 111 

method  of  preventing  protests '-        21 

permitted  to  send  telegrams  from  neutral  territory 21 

permitted  to  use  cipher 25,  26 

reception  of  enlistments  by,  in  neutral  territory  for- 
bidden       122 

relations  with  foreign  states 29 

Dispatches,  military: 

liabilities  of  neutrals  in  respect  to  carriage  of 64 

neutral  vessels  not  to  carry 

not  to  be  sent  from  neutral  territory 34 

(See   also   Radiotelegraphy;    Transmission   of   intelli- 
gence; Unneutral  service.) 


138  Index. 

Domain.     (See  Territory.)  Page. 

Domicile,  laws  of  neutral  State  respecting 63 

"  Due  diligence "  to  prevent  outfitting  of  war  vessels  in 
neutral  territory 35 

Ecuador : 

base  of  operations 56 

neutrality  proclamations 56 

Editors : 

Colombia,  appeal  to 39 

(See  also  Press.) 

Effective  blockade.     (See  Blockade*  definition.) 

Embargo  on  arms: 

enforced 10, 36,  72 

in  case  of  civil  war  in  American  Republics 96 

Emigration : 

liability  for  offenses  prior  to 88 

liability  for  offenses  subsequent  to 89 

Enemy  character : 

doctrine  of  infection 104 

when  neutral  property  obtains 103 

Enemy  goods  in  neutral  vessel.     (See  Free  ships;   Free 
goods. ) 

Enemy  property,  liability  of  on  high  seas 104 

England.     (See  Great  Britain.) 

English  language,  telegrams  in  permitted 20,  43 

Enlisting.     (See  Territory;  Persons.) 

Equipping  vessels.     (See  Base  of  operations;  Territory.) 

Espionage : 

forbidden  in  neutral  territory 34 

transmission  of  military  information  punishable  as 69 

European  nations,  trade  with,  legal 96 

European  port : 

destination   to 30 

coal  to  be  allowed  vessel  destined  to 23 

Existence,  right  of 126 

Expatriation 89 

Expenses  of  interned  persons  to  be  paid 32 

Experts,  censorship  of  radiotelegraphy  by 39 

Exportation  of  arms  forbidden 10,36,72,95 

Expulsion : 

of  deserters  from  neutral  territory 81 

of  persons  by  neutral  State 73 

Far  East,  effect  of  war  on , 31,  32 

False  clearance.     (See  Vessels.) 

Fitting  out  of  vessels.     (See  Base  of  operations.) 

Flag:      . 

display  of  before  engaging  in  hostilities 104 

transfer    of 53, 109 

Flags,  signaling  by 113 

Flight,  right  of 104 

Flotilla  vessels,  definition  of  (see  also  Sojourn;  Vessels) 107 

Flushing.  Netherlands,  tidal  waters  of 61 

Food  supply.     (See  Provisioning.) 
•  Force,  use  of,  by  neutral  to  prevent  violations  of  neutrality 

(see  also  Neutrality) 12 

Force  majeure,  violation  of  neutral  aerial  domain  through-        74 

Forces,  armed.     (See  Armed  forces.) 

Foreign  languages : 

telegrams  permitted  in 20,43 

(See  also  Transmission  of  intelligence.) 


Index.  139 

France :  Pa»». 

belligerent,   war  of  1914.     (See  Neutrality   proclama- 
tions. ) 

characterized 42 

rights  of,  in  Upper  Savoy 70 

sending  of  disabled  soldiers  into  neutralized  territory-        78 

"  Free  ships,   free  goods  " 35 

Freedom  of  opinion  and  neutrality.     (See  Neutrality.) 

French  language,  telegrams  permitted  in 20,  43 

Fuel: 

depots.     (See  Coaling  stations.) 
lack  of.     (See  Asylum.) 
supply  of.     (See  Coaling.) 

Fugitive  conscripts.     (See  Persons;  Deserters.) 
"Full  bunkers."     (See  Coaling.) 

Fundamental  rights  of  States 126 

Geneva,  Switzerland,  relations  with  Savoy 78 

Geographic  position,  effect  of,  on  neutral  obligations ,. 129 

German  employees  excluded  from  neutral  radio  station 43 

German  language,  telegrams  in,  permitted 20 

Germany : 

belligerent,  war  of  1914.     (See  Neutrality  proclama- 
tions. ) 

characterized 42 

protest  against  unneutral  conduct  of  the  press 40 

reply  to  Swiss  neutrality  declaration 71 

voluntary  closing  of  radio  station  in  neutral  territory 44 

Good  offices  of  neutral  States 129 

Great  and  Little  Belt,  Denmark,  territorial  waters 50 

Great  Britain : 

belligerent,   war  of  1914.     (See  Neutrality  proclama- 
tions. ) 

characterized 42 

note  relating  to  reconversion  of  auxiliary  vessels 28 

Guaranty  for  observance  of  neutrality.     (See  Coaling;  Neu- 
trality. ) 
Guatemala : 

neutrality   declaration 57 

radiotelegraphy 58 

Hague  conventions : 

Chile,  instructions  requiring  application  of 15 

declaratory   of   international   law 9,10,15,60,67,106 

Spain,  decree  requiring  application  of 68 

to  be  observed  by  neutrals 15,56,57,59,60,68,119 

Hague  Conventions,  1907: 

III.  Convention  relative  to  the  opening  of  hostilities. 

State  of  war  to  be  notified  to  neutrals  (art.  2)_        67 
V.  Convention  respecting  the  rights  and  duties  of 
neutral     powers     and     persons     in     war     on 

land 35,  57,  59,  72 

radiotelegraphy  (art.  3) 24,  112 

impartiality  in  use  of  telegraph  (art.  18) 112 

VII.  Convention   relating   to   the   conversion   of  mer- 
chant ships  into  ships  of  war 28 

XIII.  Convention  concerning  the  rights  and  duties  of 

neutral  powers  in  maritime  war 12, 

35,  57,  58,  59,  68, 119 
right  of  neutrals  to  change  rules  (preamble,  par. 

5) 22,  28 

radiotelegraphy  (art.  5) 118 

arming  vessels  in  neutral  territory  (art.  8) 111 

sojourn  of  belligerent  war  vessels  (art.  12) 118 


140  Index. 

Hague  Conventions,  1907 — Continued.  Page. 

XIII.  Provisioning,  "Peace  standard"  (art.  12) 25,118 

coaling,  "Nearest  home  port"  (art.  19) 17,22 

three  months'  rule  (art.  20) 22 

neutral  duties  of  prevention  (art.  25) 110,112 

Harbor.     (See  Territorial  waters;  Port.) 

Harbor  regulations 51 

Haiti,  neutrality  declaration 58 

High  seas: 

conversion  of  merchant  vessels  on 37 

status  of  armed  merchant  vessels  on 101 

Holland.     (See  Netherlands.) 
Home  port,  nearest.     (See  Coaling.) 

Honduras,  neutrality  declarations 59,  60 

Hospital  ships.     (See  Sojourn;  Vessels.) 

Hostile  act,  use  of  force  in  defense  of  neutrality  not  so 

considered 34 

Hostilities : 

in  neutral  territory.     (See  Territory.) 
opening  of.     (See  Hague  Conventions,  1907;  III,  Decla- 
ration of  War.) 

Humanitarian  purpose,  vessels  engaged  in.     (See  Sojourn; 
Vessels. ) 

Humanity,  principles  of,  limit  right  of  belligerent  capture 104 

Illegal  capture.     (See  Capture;  Prizes;  Territory.) 

Impartial  neutrality,  duty  of 83 

Impartiality,  neutral  duty  of 72,122 

Indemnity.      (See  Reparation.) 

Independence,  maintenance  of 75 

Infection  of  neutral  property  by  belligerent  association 104 

Information,     transmission     of.      (See     Radiotelegraphy ; 

Transmission   of   intelligence. ) 
Inner  territorial  waters.     (See  Territorial  waters.) 
Innocent  passage  of  neutral  waters  by  belligerent  vessels 

(see  also  Territorial  waters) 12 

Innocent  property,  rights  of  limit  belligerent  right  of  cap- 
ture (see  also  Private  property) 104 

Intelligence,  transmission  of.     (See  Transmission  of  intelli- 
gence. )  , 

Intention  to  naturalize,  effect  of , 89 

International  arbitration.      (See  Arbitration.) 
International  law: 

American 28 

application  of,  required — 

by    neutrals 56,  59,  60,  68,  70,  86, 100, 119 

by  prize  courts 34 

Chile,  instructions 15 

in  enforcing  neutrality 34 

Salvador,   note 66 

crimes  against 106 

declaration  of  London  declaratory  of 15, 67 

Hague  conventions  declaratory  of 9, 10, 15,  60,  67, 106 

part  of  municipal  law 41 

International  relations,  complexity  of- 127 

Internationalism 127 

Interned  vessels.     (See  Internment.) 
Internment : 

land  warfare — 

combatants  in  civilian  clothes,  not  required 78 

care  of  interned  persons,  expenses  to  be  paid 

deserters 82 

troops  crossing  into  neutral  territory 32, 33,  34,  61 


Index.  141 

Internment — Continued, 
maritime  warfare — 

persons —  Page. 

officers  and  crew  of  interned  vessel 12, 32, 48, 103 

prize  crew  of  restored  prize 13, 48 

vessels — 

belligerent  war  vessels 12,23,32,48,62,65,103 

care  of  interned  vessels 12, 48 

merchant  vessels  making  false  clearance 117 

(See  also  Prizes.) 
Interval    between    departure   of   vessels   in   neutral   port. 

(See  Sojourn.) 

Intervention  by  neutral  Government  in  behalf  of  its  sub- 
jects.    (See  Protection.) 

Islands,  territorial  waters  measured  from 50 

Italian  language,  telegrams  in,  permitted 20 

Italy : 

belligerent,  war  of  1914.      (See  Neutrality  proclama- 
tions. ) 

neutrality   declaration 60 

Japan,  belligerent,  war  of  1914.     (See  Neutrality  proclama- 
tions. ) 

Jurisdiction.     (See  Territory.) 
Jurisdictional  waters.     (See  Territorial  waters.) 

Kattegat,   territorial  waters 50 

Keys,  A.  B.  C.,  fifth  edition,  telegraphic  cipher,  recognized-        27 

Kleen,  Richard,  on  rights  of  neutrals 125 

Lack  of  fuel  and  provisions.     (See  Asylum.) 

Language,  relation  to  nationality 80 

Languages,  permitted  in  telegrams  (see  also  Transmission 

of   intelligence) 20,110 

Law  of  nations.     (See  International  law.) 

Law  of  war,  neutral  vessels  to  observe 34 

League  of  neutral  States,  proposed  by  Venezuela 129 

Legations.     (See  Diplomatic  officers.) 
Letters  of  marque.     (See  Privateers.) 
Liberation  of  prize.     (See  Prizes.) 
Liberty : 

right   of 126 

of  the  press 41 

Lieber's  Code,  telegraphic  cipher,  recognized 27 

Lights : 

channel,  alteration  of,  by  neutral 61 

signal,  means  of  transmitting  intelligence 113 

Lightships,  withdrawal  of 61 

Loans  to  belligerent  by  neutral  persons  forbidden 34 

Local  regulations: 

belligerent  war  vessels  to  observe 51, 108 

enforcement  of 74 

(See  also  Sojourn;  Territory.) 

London,  Declaration  of.     (See  Declaration  of  London.) 
London,  radio  conference  of.     (See  Treaties.) 

Magellan,  Straits  of,  territorial  waters 21 

Marconi  system,  radiotelegraphy 113 

Mediation,  neutral  duty  of 90,129 

Merchant   vessels.      (See   Coaling;   Vessels;   Armed   mer- 
chant vessels.) 
Meyer's  Atlantic   Code,   thirty-ninth  edition,   cipher   code 

recognized 30 

Military  dispatches.     (See  Dispatches.) 
Military   enterprises.      (See   Military    expeditions;    Terri- 
tory.) 


142  Index. 

Page. 
Military    expeditions,    Venezuela,    instructions    relating   to 

(see  also  Territory) 122 

Military  laws,  Swiss,  for  defense  of  neutrality 75 

Military  obligations  of  persons,  laws  relating  to 89 

Military    persons.     (See   Persons;    Armed   forces;    Intern- 
ment. ) 
Military  service,  United  States,  Circular  relating  to   (see 

also  Persons) 88 

Military  tribunals,  Swiss,  jurisdiction  over  offenses  against 

neutrality 77 

Mines,  ports  closed  by 50 

Montenegro,  belligerent  war  of  1914.     (See  Neutrality  proc- 
lamations.) 

Municipal  law,  relation  to  international  law 41 

Munitions  of  war.     (See  Arms  and  munitions;  Contraband; 
Embargo. ) 

Nation,  importance  of  the  idea  of  the 40 

Nationals.     (See  Persons.) 
Nationality : 

laws  of 63,  89 

meaning  of 80 

of  commercial   associations 14 

Naturalization  treaties.     (See  Treaties.) 
Naturalized  citizens.     (See  Persons.) 
Naval  conference,  1909.     (See  Declaration  of  London.) 
Naval  vessel.     (See  Vessel.) 

Navigation,   rights  of,   in  neutral  waters.     (See  Asylum; 
Base  of  operations ;  Sojourn ;  Territorial  waters. ) 

"Nearest  home  port,"  meaning  of  (see  also  Coaling) 17 

Necessity,  as  an  excuse  for  acts  otherwise  forbidden 98 

Netherlands : 

neutrality   regulations 61 

war  buoying 61 

Neutral  commerce,  theory  of  (see  also  Blockade;  Capture; 

Contraband;  Unneutral  service;  Visit  and  search) 127 

Neutral  goods  on  enemy  ships,  to  go  freely 35 

Neutral  Government: 

duty   of   mediation 90,129 

duties  of  prevention 12,17,79 

good  offices  by 129 

not  to  furnish  supplies  to  belligerent  war  vessels 98 

use  of  force  by 12, 34,  75 

(See  also  Neutrality.) 
Neutral  persons.     (See  Persons.) 

Neutral  port.     (See  Coaling;  Port;  Territorial  waters.) 
Neutral    powers,    conventions   respecting    the    rights    and 

duties  of.     (See  Hague  conventions,  1907,  V,  XIII.) 
Neutral  property  on  the  high  seas,  rights  of  (see  also  Block- 
ade ;  Capture ;  Contraband ;  Free  ships,  free  goods ;  Neu- 
tral goods  on  enemy  ships;  Unneutral  service;  Visit  and 

search) 103 

Neutral  States: 

congress  of  proposed 128 

league  of  proposed 129 

rights  and  duties  of 125 

Neutral  territory.     (See  Territory.) 

Neutral  vessel,  liable  to  confiscation  for  carriage  of  contra- 
band (see  also  Vessels) 115 

Neutrality : 

freedom  of  opinion  and 83 

guaranty  for  observance  of 23,  29 


Index.  143 

Neutrality — Continued.  Page, 

impartial 83 

means  of  enforcing  obligations  of 13, 

17,  21,  50,  61,  74, 120, 122, 124, 125 

mediation   and 90, 129 

nature  of  obligations  of 40 

of  the  press 40,80,89 

of   thought 80,  90 

peace  and 90 

penalties  for  violation  of  by  persons 20, 

34,  59,  60,  64,  68,  69,  76,  86,  87, 100, 109, 113 

social 40 

spirit  of  impartiality 89 

sympathy  and 41,  79,  83,  86 

use  of  force  in  defense  of  not  a  "  hostile  act " 34 

war  buoying  to  prevent  violation  of 61 

Neutrality,   Circulars,    Decrees,    Instructions,    Memoranda, 
Ordinances,   Regulations,   Resolutions,   etc.,   relating  to. 
(See  under  subjects  and  names  of  States.) 
Neutrality  declarations.     (See  Neutrality  proclamations.) 
Neutrality  laws,  United  States  (Panama  Canal  Zone). 
Neutrality  proclamations : 

notification    of 69 

reasons  for  use  of 66 

texts — 

Argentine  Republic    (1914) 9 

Brazil    (1914) 10 

Chile    (1914) 15 

China    (1914) 31 

Colombia   (1914) 35 

Cuba  (1914) 46 

Denmark   (1914) 49 

Ecuador  (1914) 56 

Guatemala    (1914) 57 

Hayti    (1914) 58 

Honduras    (1914) 59 

Italy   (1914) 60 

Netherlands    (1914) 61 

Nicaragua   (1914) 64 

Persia    (1914) 65 

Salvador    (1914) 66 

Siam  (1914) 67 

Spain    (1914) 68 

Switzerland    (1914) 70 

United  States  (1914) 82 

Uruguay    (1914) 106 

Venezuela    (1914) 119 

Neutralized  territory : 

Savoy,  admission  of  disabled  soldiers  to 78 

Switzerland 69,  77,  78 

(See  also  Panama  Canal  Zone,  Treaties.) 
Newspapers.     (See  Press,  neutrality  of.) 

Nicaragua,   neutrality  regulations 64 

Noncombatants.     (See  Persons.) 

North  Sea,  entrances  to  territorial  waters 50 

Norway,  requires  dismantling  of  radio  apparatus  on  ves- 
sels in  ports  (note) 123 

Occasional  contraband  (see  also  Contraband,  conditional) 36 

Occupation  of  neutral  territory  by  belligerent,  forbidden 

(see  also  Territory) 61 

Offense,  armament  for.     (See  Armed  merchant  vessels.) 


144  Index. 

Officers  of  vessels.    (See  Internment;  Prizes;  Vessels.) 
Officials.    (See  Armed  forces;  Consuls;  Diplomatic  officers; 

Persons;  Vessels.)  Page. 

Old  men  (see  also  Noncombatants,  Persons.) 73 

Optical  devices,  means  for  transmitting  intelligence 73, 113 

Pacific  Ocean,  maritime  war  in 22 

Panama  (city)  : 

neutrality  of 96 

use  of  radiotelegraphy  in 99 

Panama  Canal  Zone: 

aircraft  forbidden  in 99 

coaling  vessels  in,  forbidden  unless  authorized 97 

definition   of 96,  99 

embarkation  of  troops  in  forbidden 98 

jurisdiction  of  the  United  States  in 96 

neutrality  of 94,  96,  97 

prizes  in 97 

protocol  relating  to,  United  States  and  Panama 94 

radio  apparatus,  use  of  in 99 

repair  of  vessels  in 99 

rules  and  regulations  for  the  operation  and  navigation 

of,  1914 96 

sojourn  of  belligerent  war  vessels  in 94, 97 

United  States,  proclamation  relating  to 96 

Paris,  declaration  of.     (See  Declaration  of  Paris.) 

Paris,  treaty  of,  1815  (see  also  Treaties) 71 

Passengers : 

refusal  of  vessel  to  carry,  evidence  of  conversion 16 

safety  of,  on  merchant  vessels 105 

( See  also  Persons ;  Vessels. ) 

Passports,  neutral  to  be  respected 35 

Peace : 

attitude  of  American  countries  to 129 

neutrality   and 90 

normal   situation 126 

"  Peace  standard  "  for  supplying  vessels  in  neutral  ports. 
(See  Provisioning.) 

Peking,  China,  conduct  of  legation  guards  at 33 

Penal  code: 

Switzerland 72 

United  States 84 

Uruguay 106, 108. 114 

Penalty  for  violations  of  neutrality.     (See  Neutrality.) 
Permanent  neutrality.     (See  Neutralization.) 

Persia,  neutrality  proclamation _ 65 

Persons : 
aliens — 

expulsion  of  by  neutral  state 73, 81 

obligations  of  military  service 88 

belligerent  nationals — 

excluded  from  employment  in  neutral  radio  sta- 
tions         46 

m;iy  leave  neutral  territory  for  service,  individ- 
ually         73 

combatants — 

deserters  in  neutral  territory  to  give  up  arms 

disabled,  may  enter  neutral  territory 72,77 

escaped  prisoners  of  war,  asylum  in  neutral  terri- 
tory   73,  80 

may  enter  neutral  territory  in  civilian  clothes 78 

isolated,  asylum  in  neutral  territory 73 


Index.  145 

Persons — Continued. 

neutral  nationals —  Page, 

committing  hostilities,  lose  neutral  status__  47,  64,  68,  87 

duties  of 76 

enlistment  of  forbidden 10,34,55,63 

hostile  acts  by  officials  forbidden 65 

outfitting  of  cruisers  for  belligerents  forbidden 55 

protection  of,  when  in  belligerent  territory 34 

status  of  naturalized  citizens 88 

noncombatants — 

asylum  in  neutral  territory 73 

safety  of  on  merchant  vessels 105 

resident  in  neutral  territory — 

duties   of 84,  86 

hostile  acts  by,  forbidden 10,  34,  72,  86 

not  to  transmit  military  information 27 

(See  also  Officers;   Officials.) 
Peru : 

requires  dismantling  of  radio  apparatus  in  vessels  in 

port 123 

war  with  Chile,  1879.     (See  Chile;  War  with  Peru  and 

Bolivia.) 

Petrograd.     (See  St.  Petersburg.) 
Philanthropic  mission,  vessels  on.     (See  Sojourn;  Vessels.) 

Pigeons,  Carrier,  means  of  transmitting  intelligence 73 

Pilot  regulations 51 

Pilots,  use  of  by  belligerent  vessels  in  neutral  waters   (see 

also   Sojourn) 12,51,61 

Pirates 119 

Pirates,  merchant  vessels  engaged  in  aggressive  hostilities 

to  be  treated  as 31, 105 

"  Place  of  safety,"  persons  on  merchant  vessels  to  be  put  in_      105 

Police  regulations 51,  74, 108 

Port  of  destination.  (See  Coaling;  European  port;  Terri- 
tory. ) 

Port    regulations 108 

Portuguese  language,  telegrams  in,  permitted 20 

Postal  service,  carriage  of  military  dispatches  in,  not  un- 

neutral  service 64 

Press : 

neutrality  of 40,80,89 

Colombian  circular  relating  to 39 

Prevention,  neutral  duty  of.     (See  Neutrality.) 
Prisoners  of  war : 

brought  into  neutral  territory  by  belligerent  troops  to 

be  released .33 

escaped,  asylum  to 73 

(See  also,  Asylum;  Armed  forces;   Internment;  Per- 
sons.) 

Private  property  at  sea.  (See  Blockade;  Capture;  Contra- 
band ;  Enemy  character ;  Free  ships,  free  goods ;  Neutral 
goods  in  enemy  ships ;  Neutral  commerce ;  Unneutral 
service;  Visit  and  search.) 

Privateering 28 

Privateers : 

conversion  of  merchant  vessels  to,  forbidden 108 

forbidden  in  neutral  territory 52 

(See  also  Asylum;  Base  of  operations;  Vessels;   So- 
journ.) 

79596 — 17 10 


146  Index. 

Prize  court :  Page. 

condemnation  of  prize  necessary  to  establish  title 13 

duties   of 103 

mny  not  be  established  in  neutral  territory 33,  34,  52 

to  judge  captures  by  international  law 34 

Prize  crew,  treatment  of  (see  also  Prizes) 13,33.48,63 

Prize  money ._  104, 105 

Prizes : 

asylum    to 13,  33,  48,  52,  63, 121 

captured  in  violation  of  neutrality,  restoration  of  offi- 
cers and  crew 11,  33,  48 

captured  in  violation  of  neutrality,  restoration  of 11.  48 

forbidden  to  enter  neutral  ports 33,  52, 121 

illegally  in  neutral  ports,  internment  of  prize  crew_ 

13,  33,  48,  63 
illegally  in  neutral  port,  release  of  officers  and  crewt_  48,  63 

illegally  in  neutral  port,  restoration  of 13,  33,  48,  63 

innocent  passage  of  war  vessels  with 12,  50 

judicial  condemnation  of,  necessary  to  establish  title 13, 108 

repair  of,  on  neutral  territory  forbidden 34,  63 

sale  of,  in  neutral  territory  forbidden 13,  33,  34,  52,  63, 121 

sequestration  of,  pending  decision  of  prize  court 13, 108 

sequestered,  prize  crew. left  at  liberty 13 

sojourn  in  Panama  Canal  Zone 97 

Property : 

enemy.      (See  Enemy  property.) 
neutral.     (See  Neutral  property.) 
private.      (See  Private  property.) 

Protection : 

of  subjects  by  neutral  state 64,  68, 87 

(See  also  Persons.) 

merchant  vessels,  armed  for 102 

(See  also  Armed  merchant  vessels.) 

Protests : 

against  unneutral  conduct  of  the  press '     40 

for  nonfulfillment  of  neutrality,  how  presented 21 

Protocol.      (See  Treaties.) 

Provisioning  belligerent  war  vessels : 

from  other  vessels  in  neutral  port,  forbidden 13 

in  neutral  port — • 

"  peace    standard  " 11,  25,  33,  48,  51,  62, 107, 120 

"  subsistence  of  the  crew  " 17,  86 

(See  also  Base  of  operations.) 

Provisions,  lack  of.     (See  Asylum.) 

Public  armed  vessels  (see  also  Vessels)— 97 

Public  officers.     (See  Officers;  Officials.) 

Race,  relation  to  nationality 80 

Radio  conference  of  London.     (See  Treaties.) 

Radiotelegraphy : 

attitude  of  neutral  states  on 123 

belligerent  establishment  of,  on  neutral  territory  for- 
bidden  47,  52,  68 

belligerent  persons  excluded  from  employment  in 43,  46 

belligerent   use  of  in   neutral   territorial  waters   for- 
bidden  10,  99,  110 

care  of  dismantled  apparatus 44 

censorship  of 38,  39,  43,  45 

Chile,  instructions  relating  to 18 

decree  relating  to 24 

circular  relating  to 29 

Columbia,  resolutions  relating  to 36,  37,  38,  42,  44 

Cuba,  circular  relating  to 49 


Index.  147 

Radiotelegraphy — Continued.  Page, 

definition  of 113 

difficulty  of  obtaining  experts  to  censor 39,  43 

dismantling  of  apparatus  on  vessels  in  neutral  waters 

required 17,  18,  37,  45,  46,  58,  110,  112,  123 

Guatemala,  decree  relating  to 58 

operation  of  by  neutral  government 69,  91 

Switzerland,  ordinance  relating  to 68 

United  States,  Executive  order  relating  to 87,  90 

unneutral  service  by  in  neutral  territory  forbidden 87 

Uruguay,  decrees  relating  to 110, 112 

use  of  on  belligerent  merchant  vessels  in  neutral  waters 

forbidden 58,  66 

use   of   by   merchant   vessels   in    neutral    waters   for- 
bidden  17,  18,  49,  64,  108,  110,  113 

use  of  on  neutral  territory  forbidden 66,  73 

use  of  in  Panama  Canal  Zone 99 

use  of  to  be  authorized  by  Government 24, 112 

Venezuela,  instructions  relating  to 124, 125 

voluntary  closing  of  station  in  neutral  territory 44 

(See   also  Base   of  operations;    Territory;    Transmis- 
sion of  intelligence;   Treaties.) 

Railroad  trains,  treatment  of  in  neutral  territory 74 

Reciprocity,  diplomatic  and  consular  officers  permitted  to 

communicate  in  cipher  on  principle  of 26 

Reconversion  of  auxiliary  war  vessel : 

permitted  in  belligerent  territory 28 

to  be  effective 29 

notification  of  to  neutrals 29 

(See  also  Vessels.) 

Reefs,  territorial  waters  measured  from 50 

Refuge  from  enemy  craft.     (See  Asylum.) 
Regulations : 

internal  of  neutral  States.    (See  Neutrality;  Neutrality 

laws,  etc.) 
local.     (See  Local  regulations.) 

right  of  neutral  State  to  issue 28 

Release  of  crew  of  prizes.     (See  Prizes.) 

Religion,  vessels  devoted  to.     (See  Sojourn;  Vessels.) 

Reparation,  for  violation  of  neutral  rights 11,  34 

Repair  of  vessels.     (See  Asylum;  Base  of  operations.) 
"  Repeated  departure  "  of  vessels.     (See  Base  of  operations.) 
Resistance  to  visit  and  search.     (See  Visit  and  search.) 
Responsibility  of  neutral  State: 

for  contraband  trade.     (See  Contraband.) 
for  supplying  of  belligerent  war  vessels.     (See  Base  of 
operations. ) 

Restoration  of  prizes  (see  also  Prizes) 11,13,33,48,63 

Rights : 

fundamental 126 

neutral.     (See  Neutrality.) 
Rivers.     (See  Boundary  waters.) 
Roadsteads.      (See  Territorial  waters.) 

Rochefort  system,  radiotelegraphy 113 

Roumania,  belligerent  war  of  1914.     (See  Neutrality  procla- 
mations. ) 
Russia : 

armed  neutrality  of,  1780 128 

belligerent,  war  of  1914.     (See  Neutrality  proclama- 
tions. ) 
characterized 42 


148  Index. 

Safety  of  persons  on  merchant  vessels.     (See  Persons.) 

St.    Petersburg     (Petrograd),    telegraphic    convention    of. 

(See  Treaties.) 

Sale  of  Prizes.     (See  Prizes.)  Page- 
Salvador,  application  of  law  of  neutrality  by 66 

San  Andres,  Colombia,  radio  station  at 45,  46 

San  Juan  del  Sur,  Nicaragua,  submarine  cable  at 64 

Sanitary    regulations 51,  74, 108 

Santa  Marta,  Colombia,  radio  station  at . —  38,  45,  46 

Savoy : 

admission  of  disabled  soldiers  to 77 

neutralized  territory  of 70,  77,  78 

Scheldt,  river,  war  buoying  in 61 

Scientific  work,   vessels  engaged  in.      (See  Sojourn;   Ves- 
sels. ) 

Scott's  Code,  tenth  edition,  telegraphic  cipher  recognized 27 

Search,  right  of.     (See  Visit  and  search.) 
Seizure.     (See  Capture.) 
Self-preservation : 

right  of,  by   State 126 

right  of,  by  enemy  merchant  vessel 105 

Serbia,  belligerent,  war  of  1914.     (See  Neutrality  proclama- 
tions. ) 

Seventy-two  hour  interval  rule.     (See  Sojourn.) 
Ships.     (See  Vessels.) 
Ship's  papers : 

what   constitutes , '—        53 

to  be  shown  to  visiting  cruiser 53 

destruction  of,  forbidden 53 

Siam,  neutrality  declaration 67 

Sick.     (See  Persons,  disabled.) 

Signal  station,  means  of  transmitting  intelligence 73 

Signaling.      (See   Flag;    Lights;    Optical    devices;    Radio- 
telegraphy  ;  Telegraphy ;  Transmission  of  intelligence. ) 
Sinking  vessels.     (See  Destructions.) 

Social    neutrality 40 

Sojourn  of  belligerent  vessels  in  neutral  port: 

of  armed  merchant  vessels 103 

of   hospital    ships 11,  51 

of    privateers 11,  85 

of  scientific,  religious,  and  philanthropic  vessels 11, 

33,  51,  62, 107, 120 
of  war  vessels — 

behavior  during 13, 108 

duration  of  stay — 

twenty-four-hour    rule 10, 

11, 16,  32,  48,  50,  62,  85,  98, 103, 109, 119, 120, 121 
twenty-four-hour  rule,  meaning  of  in  reference 

to  Panama  Canal  Zone 98 

seventy-two-hour   rule 107 

forbidden 62 

in  Panama  Canal  Zone 97 

interval  between  departure  of  vessels  of  opposing 
belligerents — 

disappearance  from  horizon 121 

seventy-two-hour  interval  rule 12 

twenty-four-hour  interval  rule 12, 

16, 17,  33,  51,  62,  85,  86,  98, 120 

licensed  pilots  to  be  employed  during 51, 107, 120 

local  regulations  to  be  observed  during 51, 108 


Index.  149 

Sojourn  of  belligerent  vessels  in  neutral  port — Continued, 
of  war  vessels — continued. 

number  of  vessels  in  port  at  one  time —  Page, 

four  war  vessels 107 

three  war  vessels 33,  51,  98, 120 

three-vessel    rule   applied    to    Panama    Canal 

Zone 98 

twelve  flotilla  vessels 107 

Uruguay,  decree  relating  to 118 

(See    also    Asylum;    Coaling;    Base    of    operations; 
Prizes ;  Provisioning. ) 

Sound,  the,  Denmark,  territorial  waters 50 

Sovereignty : 

concept  of 128 

exercised  by  United  States  in  Panama  Canal  Zone 96 

offenses  against  neutral 11 

respect  for 50 

(See  also  Territory.) 

Spain  : 

admits  armed  merchant  vessels  to  ports 30 

application  of  Hague  conventions  (note) 68 

neutrality  declarations 68 

war  of  United  States  with,  1898,  Colombian  neutrality 
during,  cited  as  a  precedent 35 

Spanish  language  permitted  in  telegrams 20,  43 

Status : 

of   armed   merchant   vessels.     (See   Armed   merchant 

vessels. ) 

of  persons.     (See  Persons.) 
of  vessels  in  neutral  ports.     (See  Vessels.) 

Stone,  William  J.,  United  States  Senator,  on  neutrality  of 
the  press 41 

Straits  of  Magellan,  territorial  waters 21 

Stress  of  weather.     (See  Asylum.) 

Submarine  cable,  means  of  transmitting  intelligence 24,64 

Submarines,  flotilla  vessels 107 

"Subsistence  of  crew."     (See  Provisioning  vessels.) 

Supplying  of  vessels.     (See  Base  of  operations;  Coaling; 
Provisioning. ) 

Suspected  vessels.     (See  Base  of  operations;  Vessels.) 

Sweden : 

Armed  neutrality  of,  1693 128 

requires  dismantling  of  radio  apparatus  on  vessels  in 
port 123 

Switzerland : 

aerial  domain 77 

appeal  to  the  people 74, 79 

belligerent   persons 

federal  constitution  of 72 

foreign  deserters 80 

neutrality   declaration 70 

neutrality   regulations 69,  71 

neutralized  territory  of  Savoy 77,  78 

penal  code  of 

penal   dispositions 75 

radiotelegraphy 68 

Sympathy,  relation  to  neutrality 41,  79,  83,  86 

Telefunken  system,  radiotelegraphy 113 

Telegraphy  : 

Chile,  circular  relating  to 20 

decrees  relating  to ^ 24,  26 


150  Index. 

Telegraphy — Continued. 

convention  of  St.  Petersburg  on.     (See  Treaties.)  Page. 

means  of  transmitting  intelligence 24,  73 

(See  also  Radiotelegraph ;  Transmission  of  intelli- 
gence. ) 

Telephone,  means  of  transmitting  intelligence 24,  73 

Termination  of  war,  internment  until.     (See  Internment.) 
Territorial  waters : 
belligerent — 

reconversion  of  auxiliary  war  vessel  to  take  place 

In 28 

neutral — 

capture  of  prizes  in,  forbidden 11,  33,  47,  48 

capture  of  prizes  in  vicinity  of,  forbidden 13 

Chile,  decree  relating  to 19 

denned 19,  21,  50,  63, 107 

five-mile  limit 107 

frequenting  of,  by  belligerent  war  vessels  forbid- 
den          85 

inner,  belligerent  war  vessels  not  to  enter 50 

inner,  defined 50 

Innocent    passage    through    by    war    vessels    per- 
mitted   12.  50 

licensed  pilots  to  be  used  in 51, 107, 120 

local  regulations  to  be  observed  in 51. 108 

of  Panama  Canal  Zone 96,  99 

passage  of,  by  belligerent  vessels  forbidden 62 

prize  courts  not  to  be  established  in 33,  34,  52 

Straits  of  Magellan 21 

(See  also  Asylum;  Base  of  operations;   Sojourn; 

Territory.) 
Territory,  neutral : 

accepting  commission  in,  forbidden 

demonstrations  in,  in  favor  of  belligerents  forbidden 

duty  to  prevent  violation  of 

hostile  acts  not  to  originate  from 72.  86 

hostilities   in,   forbidden 16,  33,  50,  59.  61 

inviolability  of 69,  71 

military  expeditions  not  to  depart  from 34,  84,  86,  96 

military  information  not  to  be  sent  from 34,  64.  69 

passage  of,  by  belligerent  troops  forbidden 32,  61,  72 

passage  of,  by  convoys  of  arms  forbidden 72 

recruiting  in,  forbidden 10, 

33,  47,  59,  63,  68.  73,  84, 108, 122 

(See  also  Aerial  domain;  Base  of  operations;  Panama 
Canal  Zone;  Radiotelegraphy ;  Sojourn;  Transmis- 
sion of  intelligence;  Territorial  waters.) 

Thalweff 107 

Three-mile  limit.     (See  Territorial  waters.) 
Three  months'  rule.     (See  Coaling.) 
Three- vessel  rule.     (See  Sojourn.) 

Torpedo  boats,  flotilla  vessels 107 

Transfer  of  flag 53. 109 

Transformation  of  vessel.     (See  Conversion.) 
Transmission  of  intelligence: 

cablegrams  to  be  censored 64 

certain  foreign  languages  permitted  in  telegrams 20, 110 

cipher  codes  recognized 27,  29,  30 

cipher  telegrams  forbidden 20,  25,  43, 110 

cipher  telegrams  of  diplomatic  and  consular  officers 

permitted 21,  25,  26, 110 


Index.  151 


Transmission  of  intelligence  —  Continued. 

cipher  telegrams  with  neutral  countries  permitted  ____        26 
devices  for  -------------------------------------  24,  73,  113 

establishment  of  means  for,  in  neutral  territory  for- 
bidden ------------------------------------   47,  52,  73,  113 

means  for  to  be  used  only  under  Government  authoriza- 

tion ---------------------------------------------        24 

military  information  not  to  be  sent  from  neutral  ter- 

ritory __________________________________________  34,  64,  69 

steamship  companies  permitted  to  send  telegrams  ______        27 

(See  also  Radiotelegraphy  ;  Telegraphy;  Treaties.) 
Transport  service  for  belligerent,  liabilities  of  neutral  in 
respect  to  (see  also  Unneutral  service)  _________________        64 

Transport  vessels,  armed,  regarded  as  warship  ___________  97,  107 

Treaties  : 

China  and  the  powers,  peace  protocol  (Sept.  7,  1901)  __        33 
military  service  treaties  _____________________________        88 

naturalization  treaties  ______________________________        88 

neutral    obligations,    treaty    of    Washington,    United 

States  and  Great  Britain  (1871)  ___________________      106 

neutralization  of  Savoy  — 

declaration  of  the  powers  (1815)  _________________        70 

final  act  of  Congress  of  Vienna  (1815)  ____________        71 

treaty  of  Paris  (1815)  ____________________________        71 

treaty  of  Turin,  France,  and  Sardinia  (1860)  _____        71 

neutralization    of    Switzerland,    act    of    guarantee    of 

Swiss  neutrality   (1815)  ___________________________        71 

Panama  Canal  Zone  —  • 

treaty,  United  States  and  Panama  (1904)  ________        96 

protocol,  United  States  and  Panama  (1914)  _______  94,96 

r  adiotel  egraphy  — 

treaty  of  Berlin  (Nov.  3,  1906)  ___________________      110 

treaty  of  London  (July  5,  1912)  ______________  24,  110,  112 

Straits  of  Magellan,  Chile,  and  Argentine  Republic  ____        21 

telegraphic  convention  of  St.  Petersburg  (July  10  to 
22,  1875)  ________________________________________  26,110 

territorial  waters,  Montevideo  convention  (1889)  ______      107 

(See  also  Declaration  of  Paris;  Declaration  of  Lon- 

don; Hague  conventions.) 
Treaties  : 

to  be  observed  by  neutrals  ___________________  68,  86,  100,  119 

to  be  observed  in  enforcing  neutrality  _________________        34 

Troops.     (See  Armed  forces.) 

Turin,  treaty  of  (1860)  ________________  _  _________________        71 

Turkey,  belligerent  in  war  of  1914.     (See  Neutrality  procla- 

mations. ) 

Twenty-four-hour  rule.     (See  Sojourn.) 
Uncommissioned  vessels  engaged  in  hostilities,  treated  as 
pirates  _______________________________________________      105 

United  Fruit  Co.,  radio  service  of  ________________________        37 

United  States: 

admit  armed  merchant  vessels  _______________________        30 

appeal  to  the  people  _________________________________        89 

armed  merchant  vessels  ____________________________  93,  101 

base  of  operations  ________________________  '  ---------  91,  100 

conception  of  neutrality  _____________________________        40 

contraband  trade  ___________________________________        95 

military  service  _____________________________________        88 

neutrality  of  Panama  Canal  Zone  ___________________  :_  94.96 

neutrality  proclamation  ----------------------------- 

penal  code  of  ---------------------------------------        84 


152  Index. 

United  States — Continued.  Page. 

radiotelegraphy 87,  90 

regulations  on  neutrality  cited  as  precedents 43, 115 

requires  dismantling  of  radio  apparatus  on  vessels  in 

port 123 

war  with  Spain.     (See  Spain;  War  of  United  States 

with,  1898.) 
Unneutral  service: 

by  persons  in  neutral  territory,  forbidden 34 

by  radiotelegraphy _ 87 

duties  of  neutrals  in  reference  to 87 

'    liabilities  of  neutrals  in  reference  to 64, 103 

neutral  vessels  not  to  engage  in 34,  55 

(See  also  Dispatches;  Radiotelegraphy;  Transmission 

of  intelligence ;  Transport  service. ) 
Unseaworthiness.     (See  Asylum.) 
Uruguay : 

admits  armed  merchant  vessels  to  ports 30 

armed  merchant  vessels 111 

base  of  operations 115 

coaling  war  vessels 118 

Contraband 114 

neutrality  declaration 106 

neutrality  regulations 106 

penal  code  of 106,114 

radiotelegraphy 110, 112 

requires  dismantling  of  radio  apparatus  on  vessels  in 

port 123 

sojourn  of  war  vessels  in  ports . 118 

transfer  of  flag '. 109 

Venezuela : 

armed  neutrality  proposal 125 

duties  of  citizens 123 

military  expeditions 122 

neutrality  declaration 119 

neutrality   enforcement 121 

neutrality   regulations 120 

radiotelegraphy 123, 124, 125 

Vessel : 

character  of  to  be  declared 16, 108 

conversion  of 16,  37,  94, 108 

reconversion    of 28,  31 

Vessels : 

armed  merchant.     (See  Armed  merchant  vessels.) 
auxiliary — 

reconversion   of . 28,  31 

status   of 97 

captured.     (See  Prizes.) 

flotilla,  definition  of 107 

hospital 11,  51,  97 

merchant — 

clandestine  departure  of  to  be  prevented 117 

clearance  of 14, 16,  20,  35,  57,  94, 100 

conversion  of ; 16,  37,  94, 108 

consul  to  furnish  guaranty  for 20 

making   false   clearance   to   be   regarded   as   war 

vessel 14,  65, 117 

to  make  declaration  of  destination 14,  57, 117 

neutral  merchant — 

duties  of 1 34,  53 

to  respect  rights  of  belligerents 34 


Index.  153 

Vessels — Continued. 

pirate.     (See  Pirates.) 

privateering —  Page. 

forbidden  in  neutral  territory 52 

(See  also  Asylum;  Sojourn.) 

scientific,  religious,  and  philanthropic—  11,33,51,62,107,120 
suspected.     (See  Base  of  operations.) 

uncommissioned,  treatment  of  in  engaged  hostilities 105 

war — 

construction  in   and   delivery   from  neutral   terri- 
tory forbidden 63 

definition  of 97, 104, 108 

obligations  of  commander 12, 13,  26 

relation  of  enemy  armed  merchant  vessels  to 102 

to  give  guaranty 97 

violating  neutrality,  to  be  excluded  from  ports  in 

the  future 50 

(See  also  Aircraft ;  Asylum ;  Base  of  operations ;  Block- 
ade, Contraband ;  Coaling ;  Internment ;  Pirates,  Pro- 
visioning ;  Sojourn ;  Unneutral  service ;  Visit  and 
search. ) 

Vienna,  Congress  of,  final  act,  1815 71 

Violations  of  neutrality.     (See  Neutrality;  Territory;  Ter- 
ritorial waters.) 
Visit  and  search: 
resistance  to — 

by  enemy  merchant  vessel,  legitimate 104, 105 

by  neutral  merchant  vessel,  forbidden 55 

subjects  vessel  to  condemnation 103 

right   of 11,  53, 104 

right  of  avoidance  by  flight , 104 

Voluntary  neutrality 70 

Wandelaar,  lightship 61 

War: 

abnormal  situation 126 

act  of.     (See  Hostile  act.) 

declaration  of.     (See  Declaration  of  war.) 

nature  of 126 

War  buoying,  established  on  the  Scheldt 61 

Netherlands  note  relating  to 61 

War  material.   (See  Arms  and  munitions.) 
Warship.     (See  Vessels.) 

War  of  1914.     (See  Neutrality  proclamations.) 
Wars.     (See  Chile,   revolution  in, -1891 ;   Chile,  war  with 
Peru  and  Bolivia,  1879 ;  Spain,  war  of  United  States  with, 
1898;  War  of  1914.) 
Washington,  treaty  of,  United  States  and  Great  Britain, 

1871 :  Three  rules  of  declaratory  of  international  law 106 

Waters,  territorial.     (See  Territorial  waters.) 

Western  Union  code,  telegraphic  cipher,  recognized 27 

Wielingen,  lightship 61 

Wireless  telegraphy.     (See   Radiotelegraphy. ) 
Wilson,  Woodrow,  President  of  the  United  States: 

appeal  to  the  people 89 

Executive  order,  radiotelegraphy 87,  90 

proclamation,  neutrality 82 

proclamation,  neutrality  of  Panama  Canal  Zone 96 

Women,  noncombatant 73 

Wounded  persons.     (See  Persons,  disabled.) 

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